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Decree Absolute as respondent

5 replies

DinkyMole · 12/12/2013 16:43

Does anyone know how complicated these hearings are?
Ex wife applied for nisi and could have applied for absolute since September. She still hasn't and won't say why. DF wants divorce to be finalised as soon as possible and is considering applying himself. He doesn't have a pension. She got all the assets, he took all the debt. Consent order is being finalised to transfer house deed to her name. Any reason why he wouldn't be granted a DA or why he should be represented? Also is he likely to be able to claim costs? He has told her he will apply for it and she has not given any reason for delay.

OP posts:
mumblechum1 · 12/12/2013 16:52

She will have been advised not to apply for DA until finances have been sorted (ie as soon as the consent order is signed off, her solicitors will apply for DA).

Your father could apply once 3 months have passed since the six weeks and a day waiting period his wife needed to wait.

So for example, if the DN was made on 1st Sept, the earliest she could have applied would be something like 13th Oct (haven't checked calendar). Your DFather could apply on about 13th Jan in that example.

DinkyMole · 12/12/2013 17:03

Sorry, not my father, my fiancé!
She could have applied for DA from 17th September, so he's days away from being able to apply with no communication from her whether she intends to apply at all.

OP posts:
DinkyMole · 12/12/2013 17:05

I'd suggests he waits but she's dragged her heels over absolutely everything, left everything right til the very last second. I don't think she wants to get divorced tbh, she's very "traditional". I'm not OW in case that's relevant but I am expecting his child and we want it finished before baby arrives!

OP posts:
mumblechum1 · 12/12/2013 18:34

Right, in that case calculate six weeks and one day from 17th September.

Then add on 3 calendar months (so around end Jan), and your fiance can apply then.

babybarrister · 14/12/2013 21:53

This reply has been deleted

Message withdrawn at poster's request.

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