Decree Nisi/Absolute?

littlebird_2

My friend is going through a divorce at the moment and has been advised (by her very unhelpful solicitor) that the papers were lodged at the court last week for the decree nisi.

Can anyone answer any of the following questions:
1. who applies for the decree absolute and when (is it 6 weeks and 1 day)
2. do you get confirmation from solicitor/court that the decree nisi has been granted?
3. the solicitor says they now need to sort out financials! Shouldn't this have been done before the decree nisi is applied for?

Many thanks for any help anyone can give me.

System

From what i can remember years ago when i had my divorce. The absolute comes automatically 6 weeks after the Nisi. I divorced my husband so it was me who initiated it. You get a letter when the absolute has gone through saying that your marriage to your husband has now been dissolved. Where there are children involved the financial arrangements must be satisfactory before the nisi is awarded. i dont know about financial/property arrangements though.

Things may have changed since i had my divorce though.

Maranatha

1. Absolute is granted automatically after the time has expired on the Nici.

2. You should get documentation eventually saying this - via your Solicitor.

3. Your quite right, the financial side should have been sorted prior to divorce. It's called a 'minuet of agreement' in Scotland and comes with the Court of Session seal on it, forget what it's called in England.

littlebird_2

Thanks for your replies.

I thought it odd that the financial arrangements had not been finalised before the nisi was granted.

They have agreed thing verbally amongst themselves but nothing definitive through the solicitor as yet!!

Murtle

I don't think the decree absolute is sent out automatically after 6 weeks and a day. at least it wasn't for me....calendar watching for the extra day after the 6 weeks to apply That is the earliest you can apply for it and there is a seperate charge for it on top of the divorce costs.

Murtle

Infact here is a quote from the link

Decree Absolute


The final stage of a divorce is called ‘the Decree Absolute.’ You can apply for the Decree Absolute six weeks and one day after the Decree Nisi. If you don’t apply for the Decree Absolute, then your husband or wife as the respondent can apply for it, but only after a further three months have passed.
When you receive the Decree Absolute, you are no longer married and are free to re-marry. The court will only grant the Decree Absolute when the judge agrees that all arrangements for the children are now satisfactory. A judge can make a final financial order before the Decree Absolute is granted, but the order will only come into force after the decree has been made absolute.

http://www.direct.gov.uk/Parents/FamilyIssuesAndTheLaw/Divorce/DivorceArticles/fs/en?CONTENT_ID=4002976&chk=2NiWQa

Bossyboots

Thank the Lord for Murtle. I almost fell off my chair at the incorrect advice given here.

The finances are usually discussed during the divorce proceedings and it is a bit late to only be starting at decree nisi stage. It is imperative that the decree absolute is not applied for until the finances are settled and the court order sealed. You will get your decree nisi either direct from the court or from your solicitor. Likewise the decree absolute in due course of time. Make sure you are given the copy with the original court seal, NOT a photocopy.

(I am using "your" figuratively here, I did note it was the OP's friend).

Murtle

I hope you managed to stay seated Bossyboots :eek:

x x

littlebird_2

hmmmm...... I thought it was strange too.

I will mention this to her and suggest she pushes the solicitor to sort this ASAP.

Thanks for all your comments.

kittykat100

I am currently going through my own divorce at present. My XH and I had agreed the financial bits (no kids!), and applied for a consent order.
His soliciter sent the consent order in AFTER the decree nisi.
At present the Consent Order is sitting on a judges desk waiting to be signed. The judge has now had it 5 WEEKS!. In the meantime my XH can now apply for absolute today in fact.
I am not sure how long the absolute will take but will keep you informed.
However once the consent order has been signed by the judge.. my XH has 56 days to pay me the agreed settlement.
Therefore at this rate the absolute will be granted before the settlement.

I hope my own experiences help you.

Kittyxx

Bossyboots

kittykat100 wrote:

His soliciter sent the consent order in AFTER the decree nisi.
At present the Consent Order is sitting on a judges desk waiting to be signed. The judge has now had it 5 WEEKS!. In the meantime my XH can now apply for absolute today in fact.
I am not sure how long the absolute will take but will keep you informed.
However once the consent order has been signed by the judge.. my XH has 56 days to pay me the agreed settlement.
Therefore at this rate the absolute will be granted before the settlement.

I hope my own experiences help you.

Kittyxx

Sending the consent order in after decree nisi is entirely normal. It is not normal to START negotiations on the finances after decree nisi.

It will be sitting on the Judge's desk. This is the worst time of year to apply for a decree nisi (other than December and January) as the courts are run on skeleton staff for emergency work only throughout August and it takes them weeks to catch up from mid-September.

It would be unwise for your ex to apply for the DA before the consent order is sealed by the court. He should wait and make sure it is all approved and okay but he can apply for the DA if he chooses to.