Implications of Decree Absolute 13 June 2019 at 2:35PM in MoneySaving dads 6 replies 6.6K views

[Deleted User]

My cousin's Consent Order has been approved by the Court. Should he wait for the family home to be sold (currently on the market) and he receives his 25% share *before* applying for Decree Absolute?

His wife has given him the run-around for years with broken promises & threats, so is it best if he waits to until his 25% is safely in his bank account, and *then* apply for Decree Absolute?
Light at end of tunnel spotted - don't want to extinguish it.
Thank you for any advice.

jackieblack

IIRC, I was advised that the Consent Order doesn’t become binding until the DA is issued, so to apply for the DA immediately the CO had been approved by the court.

[Deleted User]

JackieBlack, thank you for that information.


As his wife is worried he'll suddenly ask for his fair share (ie more than 25%) - it might work in his favour *not* to get the DA issued immediately to ensure she'll keep focused on selling their home.
No children involved, no wish to re-marry, so no pressing need on his part.
I will ask him to consult his solicitor though.
Thanks again.

jackieblack

Dilbert999 wrote: »

JackieBlack, thank you for that information.

As his wife is worried he'll suddenly ask for his fair share (ie more than 25%) - it might work in his favour *not* to get the DA issued immediately to ensure she'll keep focused on selling their home.
No children involved, no wish to re-marry, so no pressing need on his part.
I will ask him to consult his solicitor though.
Thanks again.

I believe that if the petitioner doesn't apply for the DA within a certain amount of time, the respondent can apply for it themselves.


ETA - found it
If you do not apply for the decree absolute

Your husband or wife can apply for the decree absolute if you do not. They’ll have to wait an extra 3 months to do this, on top of the standard 43 days.
https://www.gov.uk/divorce/apply-for-a-decree-absolute

[Deleted User]

Yes, you're right. Apparently (taken from a web site) "the other party will need to wait an additional 3 months before applying (this is in addition to the standard 6 weeks and 1 day)". So she can't force matters immediately.


I notice on the gov.uk web site that the wording says "You need to get a solicitor to draft a ‘consent order’ and ask a court to approve it - this makes it legally binding." This is misleading (given you've advised correctly that the decree absolute is needed to make it legally binding), so I'll ask them to review the wording. https://www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order


Thanks again - very grateful for your advice.

TBagpuss

There is no benefit to him in delying the decree absolute.

It makes sense not to apply for the decree absolute until the consent order is made by the court, as this offers some protections in the event that one person were to die bofore things are finalised, but that is no longer an issue as the court has made the order.

That said, he should also ensure that the solicitors dealing with the sale of the hosue have a copy of the order and have been explicitly instructed, in writing, that the funds are to be paid out in accordance with the order.

The order is legally binding when the court makes it, but isn't enforceable until the Absolute is also made, so it is in your cousin's interests to get is soonerrather than later, so that they are able to apply back to court to enforce the order if their spouse doesn't comply with it.

[Deleted User]

Hi, TBagpuss, thanks so much for your advice. My cousin wrote to his solicitor for advice - not heard back yet! Would have been useful if they'd explained all this in their letter. Based on what you say, he'll go ahead with decree absolute.
Also great advice about the solicitors dealing with the sale of the house.
Many thanks again.