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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 861
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I filed for divorce in February and Decree nisi was granted

Resolved Question:

I filed for divorce in February and Decree nisi was granted in April, However my wife's solicitor asked me to notify Court that I would not apply for Decree absolute until a financial settlement had been reached or they would make a protective application to the Court for finances to be dealt with by a Judge. I agreed to this on the basis that they entered negotiations without delay. I then attached a note to my Decree nisi application saying "I do not wish to apply for Decree absolute until a financial settlement has been reached".
I feel now that my wife and her solicitor have made no effort to move negotiations along and that I would like to apply for Decree absolute leaving the finances to be sorted afterwards. Would the Judge grant Decree absolute now after me attaching that note to my Decree nisi application?
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

I can confirm that it may well be that if you applied for decree absolute that the note that you provided with your application might not prevent the decree absolute.

I say this because the decree absolute is often dealt with administratively by a court officer and not a Judge.

In any event If the finances are not progressing at mediation / through negotiation then you need to consider issuing your application at court for a financial order. If your wife doesnt engage with such proceedings then the court can sanction non compliance.

It is also wise to put your wife's solicitor on notice that you intend to apply for decree absolute. This will likely ensure their compliance and also prevent them seeking a costs order against you if they make an application to prevent decree absolute at this stage whilst the finances are still ongoing.

Kind Regards

Caroline

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