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.
The following is useful info to assist you with the site:
- I have found that every question asked in my field of expertise can be answered online; I am not available for phone calls.
- The site does automated pop ups for calls, if you inadvertently click for a phone call but don’t want one, kindly refer the matter directly to customer services so that they can assist you.
- Customer services no. is:(###) ###-####9374
- Please note that you have paid for an answer to your initial query – if detailed review of documents is required, then this is likely to attract a premium service offer.
- Please note this is a Q&A site – there is no client/lawyer relationship involved. You are a customer of Just Answer.
- If it is a weekend, or evening/late, please be aware that responses may be slower. This is NOT a chat service, it is email based.