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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have been granted a decree nisi. I can apply for my decree

Customer Question

I have been granted a decree nisi. I can apply for my decree absolute as of 11th March 2014. However, we cannot come to an agreement over settlement. How long do I have to apply for the nisi to be made absolute?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are you the petitioner or the Respondent?
Clare
Customer: replied 3 years ago.

I am the petitioner.

Expert:  Clare replied 3 years ago.
Hi
Your ex will be able to apply for the Decree Absolute from 11th June should s/he wish to do so.
There is no time limit on your applying - but if more than 12 months has gone by since the Nisi you will need to file a statement explaining the delay and confirming that you have not resumed co-habitation and that no child has been born
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

If I have the decree nisi made absolute before a settlement is reached, will that effect my settlement or my ability to negotiate one?


 


(Thank you for your help so far, it has been most helpful and invaluable to me).

Expert:  Clare replied 3 years ago.
Hi
Are you making any claim on your ex's pension?
Clare
Customer: replied 3 years ago.

No. We have pensions that are of equal value. However, my pensions have been frozen due to insolvency. She claims that I have not disclosed my pension honestly, as she is aware that I had a pension with kingfisher prior to meeting her, that I had forgotten about. My solicitor (I no longer have) has since confirmed that my kingfisher pension had been overlooked for this reason and the value is minimal. It is only worth £1223.00. I have no interest in her pension or savings. I jointly own the house, but my share is due to the receivers. I have requested a clean break.

Expert:  Clare replied 3 years ago.
Hi
If you do not wish to make a claim on her pension then there is no need to delay applying for the Decree Absolute
Clare
Customer: replied 3 years ago.

That is wonderful news. Thank you.

 

I assume all I need to do is complete a D36 and return it. Will I need to send any additional information?

 

Also, will she still be able to claim against my pension after the decree absolute? Do I need to then apply for a final consent order?

 

 

(Sorry, but my solicitor was dealing with all this, but she has left the firm and I can no longer afford to instruct another solicitor).

Expert:  Clare replied 3 years ago.
Hi
Yes all you need to do is complete the form
Yes your ex can still make a claim against your pension - but if you die before that is completed she is not entitled to a Widow's pension
Clare
Customer: replied 3 years ago.

Hello Clare


 


Thank you again for your help


 


So my understanding of this is that if I want to claim against her pension (only to counteract if she claims against mine) I can only do this before the decree absolute?


 


 

Expert:  Clare replied 3 years ago.
Hi
It is always wiser to do so yes
Clare