Decree absolute before financial settlement is agreed?

[Noregrets78]

I've seen in various places that you should hold off applying for the decree absolute until you have the finances agreed also. I'll be able to apply for decree absolute soon, and we don't yet have the consent order agreed.

My solicitor said that it wasn't really important which way round we did it - the only difference would be whether or not he was deemed to be my next of kin.

I don't want to take my foot off the gas in terms of reaching agreement, but equally I would love to be divorced, so that he will have to stop saying 'we are still married you know'.

Does it matter either way? What am I missing?
Thanks

I think that it's the next of kin thing which is the key. If either of you pass away after the decree absolute but before the finances are sorted then your estate will have issues to resolve.

If either of you die before the divorce is completed you are still next of kin and your estate passes to your spouse.

Work out which would be best for you and go with that

I am not a lawyer, this is my understanding and could be totally wrong.

Yep that's pretty much what my solicitor said. To be fair if I died tomorrow I'd be happy for my estate to pass to my spouse. He is an arse, but he is still DD's Dad, and therefore it will help him to take care of her!

You could just make a new will specifically excluding him. The lovely mumblechum helped me do this not long after ExH left. She put in a clause that meant even whilst we were still legally married he could not inherit. You will need to make new will anyway and one like this will last beyond divorce.

It only makes a difference if you'd be better off as a widow than as a divorced spouse. If he's made a will then there's no automatic inheritance. Usually you'd lose out on pensions, so if he has one of any value, you should usually delay, but if he hasn't one, then I'd say there's no reason to delay. Always speak to your solicitor first though.

Oh DD gets everything though I appointed trustees to administer the estate until she is 25.

Another relevant situation is where the former matrimonial home is only in the name of one person; he/she could in theory sell it from under the other person if the finances had not been sorted (or the non-owner would have to mess about getting an occupation order).

Not if you've protected your claim against the property by registering a notice at the land registry, but yes, if you're still living in the property your right to do so lasts until decree ab, unless extended by the court.

Neither of us has wills (I have slapped my wrist on your behalf). He has a pension pot but not very substantial. He's unemployed with few assets so I don't think it makes much difference to me?

We both own the house (can't remember the terminology, but it's the one where we both own it, rather than each specifically owning a portion e.g. 50%). I'm living here and will be buying him out, so again I don't think an issue.

I think I'll just crack on with decree absolute. I suspect he's delaying the financial agreement because he thinks I won't go through with the final stage of divorce without it, so this will also be one less bit of ammunition.