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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need some advise regarding my decree nisi. My decree nisi

Resolved Question:

I need some advise regarding my decree nisi. My decree nisi is due to be heard in the family court at the end of the month as my wife has not contested it it should be straightforward. I have just come out of a bankruptcy and finish my job at the end of the month to start my own business. My only concern is as I have done the divorce myself due to the simplicity of it, I need guidance on what happens with the finances. If the decree nisi goes through does it automatically mean we have no financial claim on each other? I need to understand how this works.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. No, the financial side will not settle itself upon granting of the decree nisi - neither does the decree absolute discharge the right of either of you to make a claim against the other regarding the finances. The only way to finalise the financial claims is for there to be a court order approving a settlement/making a financial order or if she remarries then she can no longer make a financial claim against you arising out of the marriage. You would need to speak with her/negotiate for there to be a settlement - but I cannot advise you what such a settlement should be without further information, such as length of marriage, assets, income and if there are any children (and their ages and the arrangements for them).Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
As we have no contact with each other and she fails to respond am I able to do the financial order in her absence?
Expert:  Harris replied 1 year ago.
Unfortunately, you cannot just discharge the finances. You first would have to attempt to mediate (you can find local mediators here: http://www.familymediationcouncil.org.uk/). If she does not engage, then you can proceed with an application for financial relief under Form A and a £255 court fee. She will need to be served with the application and given the opportunity to engage. No contact with her is not enough justification to end the financial liabiltiy you have with each other arising out of the marriage.
Customer: replied 1 year ago.
I am going to accept offer for further info. However, I need to know one thing. If I do nothing and leave as it is can she pursue for money or assets I may gain after the divorce or is it everything prior to the divorce? my current situation is failry bleak but may change in the months or years ahead.
Expert:  Harris replied 1 year ago.
Yes, she is entitled to pursue an application against you for financial relief even after decree absolute is granted (ie. when you are divorced), unless she remarries.
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