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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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Hello. How to apply to court for delay Decree Absolute because

Resolved Question:

Hello. How to apply to court for delay Decree Absolute because financial issues have not been resolved? ( I am a Respondent) . Is it reason for delay?
Submitted: 2 years ago.
Category: Family Law
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

It's very difficult indeed to persuade a court to delay granting the decree absolute if the petitioner has applied or is about to apply for it.

The court does have the power to delay granting the deecree absolute, but will only use that power if a respondent to a petition can show that he or she would suffer a financial or other disadvantage if the petitioner dies after decree absolute for which he or she could not receive compensation.

It is accepted practice by all reputable family law solicitors to advise their clients not to apply for the decree absolute until all financial and property matters have been resolved - but petitioners without solicitors may just apply for the decree absolute at the earliest opportunity ie 6 weeks and 1 day after the decree nisi. (Respondents can apply a further 3 months later).

You would need to make a formal application to court if you do want to ask the court to delay making the decree absolute - but your chances of success are slim, so my best advice to you is to do all that you can to speed up dealing with the financial side of the divorce.

That means making your application to court for a financial order without delay, havaing first attempted mediation, as the family court now requires the parties to have attempted mediation before it will consider an application to court.

Here's where to find a local family mediator:

http://www.familymediationcouncil.org.uk/find-local-mediator/

I think you would benefit from some face-to-face legal advice. Here's where to find a specialist family law solicitor:

http://www.resolution.org.uk/findamember/

I hope this helps and I wish you the best of luck

Thanks and best wishes...
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