Financial order after divorce

dipsy

Usually the courts will not grant the decree absolute without the financial arrangements being sorted.[/quote]


is this so???

so does that mean that until the financial stuff is sorted you are still legally married?

sorry if I am being thick :-)

wannabe_sybil

Until you get the decree absolute you are still legally married. We used to have to mark the time that the absolute was made at court because if there had been a fatal car crash or something on the day the time the decree was drawn up could affect how assets were dealt with.

So, if you can't get the decree absolute until the finances are sorted, then you will be stuck, legally married, until they are!

hth

dipsy

how soon after you apply do you get a decree absolute?

wannabe_sybil

dipsy wrote: »

how soon after you apply do you get a decree absolute?

In haste

It is a long time since I worked at a court, but those days applications for decree absolutes were dealt with on the day of receipt, no matter what, flood, fire, rain of brimstone. However, they were then checked by a senior officer and then posted out second class so if you need it for a particular date I would allow at least a week.

Or if you are speaking about how long between the first application for a divorce and the decree absolute - extremely variable but it usually takes a minimum of four months if everyone signs things straight away, posts things back straight away and are in accord. And if the court doesn't have a backlog also.

hth

MrsAnnie

dipsy wrote: »

Usually the courts will not grant the decree absolute without the financial arrangements being sorted.

is this so???

so does that mean that until the financial stuff is sorted you are still legally married?

sorry if I am being thick :-)[/quote]

As far as I understand it is up to the judge/court that is dealing with the matter. If one of the parties can show that financial hardship will occur if a financial order is not made then the court can delay the absolute. I think the absolute can affect things like pensions etc.

gizmo111

The delay for finances is usually only if there are children involved and their support etc has not been sorted.

www.ondivorce.co.uk is a good resource, and will point you i nthe right direction for the cheapest way of getting a clean break order.

dipsy

wannabe_sybil wrote: »

In haste

It is a long time since I worked at a court, but those days applications for decree absolutes were dealt with on the day of receipt, no matter what, flood, fire, rain of brimstone. However, they were then checked by a senior officer and then posted out second class so if you need it for a particular date I would allow at least a week.

Or if you are speaking about how long between the first application for a divorce and the decree absolute - extremely variable but it usually takes a minimum of four months if everyone signs things straight away, posts things back straight away and are in accord. And if the court doesn't have a backlog also.

hth

its the final bit of paperwork, that has my partner had to get signed by the courts and then return to his solicitor, so I guess it all depends how long his solicitor takes to get it into the court then???

not that we need it for any particular date, and the financial stuff has not been sorted yet as I don't think she is keen on showing her income to him.... so god knows what happens then...

as far as I am aware there are no assets only debt......