@Unex
An application for a final order / decree absolute can be delayed/ delay applied for if a financial settlement upon divorce has not been reached and made legally binding.
If a financial agreement in the divorce has not been agreed, it is generally advisable not to apply for the final order / decree absolute because your entitlement to certain assets of the marriage could be affected, e.g. pension funds, or other assets.
It is best to seek legal advice before applying for a final order/decree absolute.
There are 2 parts to divorce – divorce and financial settlement.
Financial Settlement
Many people are litigants in person – not represented by solicitor / barrister.
Some employ one for bits of the process (on a retainer to write an open offer letter or position statement for example). Others are represented throughout.
In any case, to reach a financial settlement, it is important to know what all the assets are and how much they are worth - before agreeing to financial settlement / what the split will be. This is usually done using Form E.
Prior to an agreement and in the first instance get full and frank financial disclosure.
Agree a date to exchange Form Es, complete Form Es, attach the required documentation, exchange, read.
Get valuations of assets disclosed in Form E e.g. pensions (by CETVs/ actuary report), property (surveyor or estate agents) stocks and shares etc.
This full and frank disclosure is a legal requirement via Form E / using Form E categories.
(Updating financial disclosure is also requirement throughout the process - so if things take time, each party updates and exchanges their financial disclosure on set dates to show changes - disclosing the most recent bank statements for example).
If Form E is incomplete info/docs/valuations missing, send the other party a letter of questionnaire asking for them (they can do the same).
If still incomplete info/docs/valuations missing, send the other party a letter of deficiencies asking for them (they can do the same).
If still missing, send a solicitor’s letter asking for them (they can do the same).
If still missing, apply for a court order to get the missing incomplete info/docs/valuations (they can do the same).
With the application for the court order for what is still missing, send the court the docs above in exhibits (evidence you've asked for it), list what is missing and ask for a court order compelling the other party to provide it – your ‘order sought’ (the court order may/may not include a penal notice).
Once all assets are disclosed and valued (where needed e.g. property, pensions, business) negotiations start.
In negotiations and deciding the split of assets, Apply Section 25 Factors. This is what the court use. Use a mediatorto help reach an agreement if appropriate (not in domestic abuse cases for example).
https://www.legislation.gov.uk/ukpga/1973/18/section/25
Then, if the split of assets is agreed, the court may ratify this (at the court’s discretion).
(Form E is used prior to an agreement between parties and assists parties with reaching an agreement whereas the Form D81 is primarily used after an agreement has been reached and informs the court of the parties' assets in one concise document).
Research shows women miss out on pensions in divorce.
https://corporate-adviser.com/survey-reveals-how-women-miss-out-on-pension-on-divorce/#:~:text=A%20survey%20of%20400%20women,t%20sure%20whether%20they%20did
On pensions, get CETVs (cash equivalent transfer values) for each pension as part of Form E disclosure. Pension providers usually issue one per year free on request. Consider getting an actuary report on the pensions (pensions on divorce expert – PODE) report. They can provide figures for a 50/50 split of pensions (or another percentage), what income from the pensions would be expected, capital values, and they can factor in retirement ages of the parties etc.