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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4364
Experience:  LLB (Hons)
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My estranged husband of 7 yrs(married 1979) now wants a

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My estranged husband of 7 yrs(married 1979) now wants a Pension SHaring Order ratified by court re my teachers pension. He wants mediation to take place as courts r not functioning as normal. I acknowledged Service of Petition Nov 2019 but as yet he has not applied for Decree Nisi. Should I ask my solicitor to write to his solicitor asking that decree Nisi is applied for before any mediation sessions etc takes place. At least this might give me some breathing space??

Hi, I'm Lea, thank you for requesting my assistance.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. There is no valid reason for delaying mediation - the period between the decree nisi and the decree absolute is the period during which the final dots and crosses are supposed to be applied to the financial order, not the time at which to begin negotiation. But you can certainly ask for the other party to apply for the decree nisi before proceeding any further if you wish.

Whilst mediation is a requirement (well attendance at a MIAM is the legal requirement) before either of you can apply for a financial order from the court, if it doesn't work, one or other of you will still need to apply to court. It can however be cheaper to use mediation, and all the financial disclosure can be done at that point, rather than waiting for the courts to get involved and making orders for you both to do a-z when it was obvious you had to do that anyway. If the judge thinks either of you has been unreasonable in not engaging with mediation or negotiation, they can sanction you by awarding costs to the other party. So be alert to that possibility if you are seeking to delay further.

Incidentally, aside from some delays, the courts are function as normal - mediation is standard practice before a financial application.

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