Absolute decree before consent order??

[SingleMumFighting]

I am being pressured by stbex to file for absolute before our consent order has been sealed by the court. There is massive back log and does not want to wait. He generally does not have our best interests at heart. Solicitor says no maybe because of pensions? The Divorce court says it is ok. Please help. Anyone with this experience? Urgent help required.

Listen to your solicitor.

My solicitor advised not to apply for the absolute till the consent order had been sealed.

Thank you @tichy @Phillipa12
I am also starting to realise that it is standard practise. That is why the courts have such a massive backlog with consent orders. I have been made out to believe that its just me being greedy and trying to slow the process.

Do as your solicitor advises.

No no no no no, absolutely not

Your solicitor is 100% right

We certaily were advised to wait and did wait. I think it is because of certain orders (pensions above?) not being possible after absolute. Just get on and agree the financial side.

Listen to your solicitor
He is just going to have to wait

All orders are possible after the absolute. It's just that if he dies between the decree absolute and the order being made you may lose all rights to the pension. Does the order contain a pension share, or are you living in a property owned wholly by him but which you are getting in the order?

The order does include a pension share and the property I live in is jointly owned.

In that case, owing to the pension sharing order it's safest to wait until the order is made before you get the absolute.

Thank you @Collaborate. I have to hope now that he does not file for absolute before me. Deadline is coming up. Can he file before me?

If you are the petitioner he has to wait at least 3 months after the first date you could have applied (so 3 months plus 6 weeks), and even then it's not automatic. There would have to be a hearing.

He can apply to the DA as respondent 12 weeks after the date of the DN, but the Court will list a hearing to find out why. You'd just need to rock up and confirm you're waiting for the Consent Order to be sealed, which contains a pension share, and the Judge is unlikely to grant his application.

He'd just be wasting his own time as well as yours.

*for

He can apply to the DA as respondent 12 weeks after the date of the DN

Not correct. See my post.