Decree Nisi to Decree Absolute divorce question

LockdownDivorcee

Hi. I'm the petitioner. I can apply the decree nisi to be made absolute after 16 June 2021 but the financial claims of my wife hasn't been settled. I wish to delay decree absolute. Could you please assist.

74jax

LockdownDivorcee said:

Hi. I'm the petitioner. I can apply the decree nisi to be made absolute after 16 June 2021 but the financial claims of my wife hasn't been settled. I wish to delay decree absolute. Could you please assist.

Delay the Absolute until the financial side is complete.  Is there a reason why you can't do this? 

LockdownDivorcee

She doesn't want to share her assets i.e pension, shares and investments.

LockdownDivorcee

How do I delay decree absolute ?

sassyblue

I’m not sure you can delay decree absolute as after 6 weeks and 1 day after the date of Decree Nisi, your wife can also apply for decree absolute.  However, obtaining decree absolute does not negate claims upon each other's finances, that can still go ahead. If your wife refuses to resolve matrimonial finances then you need to approach a mediator to see if she will engage with them, if she doesn’t they will provide you with the certificate you need that forms part of the court application.

Obtaining Decree Absolute means that should you die your wife will lose any death in service benefits under any pension you may have  (and vice versa), in the majority of cases (and even in the most acrimonious cases) spouses do not apply for decree absolute just in case the other spouse dies before obtaining decree absolute. 

Do you have a solicitor or did you apply for the divorce yourself?  I assume you ticked the box to apply for a financial order?

LockdownDivorcee

I have a solicitor and she suggested financial negotiation directly with my wife rather than going to court. I haven't applied for financial order.

LockdownDivorcee

My ex and I tried mediation and no luck. 

sassyblue

LockdownDivorcee said:

I have a solicitor and she suggested financial negotiation directly with my wife rather than going to court. I haven't applied for financial order.

That’s sensible, although I saw you couldn’t come to an agreement. Hopefully your wife will soon engage in the process because if she doesn’t you could end up in court.

Your solicitor would have ticked the relevant box in relation to the financial order then.

TBagpuss

The decree absolute is only made if you actively apply for it, so you delay but .. not submitting an application. 

It would be possible for your wife to apply - she would have to wait three months from the date when you could make the application, and would have to pay a court fee, so it's unlikely that she would do so.

Also, the reason for delaying is that it avoids leaving you in limbo if one of you dies. Up until the absolute, you are still married, so if she died, you would be her widow(er) and would potentially get any widows benefits that might be available under her pensions. You would also inherit under her will, if she has not yet changed it to exclude you, or under intestacy if she hasn't got a will.

If the absolute is made, it doesn't prevent you from still making financial claims against her, including claims on her pensions, but you might be worse off in the event she died before things were sorted out.

(If you haven't already, make sure you've updated your own will and any nominations for death in service benefits under you own pensions)