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Category: Law
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Assistant: How can I help? I'm going through divorce and the

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Hello
Assistant: Hi. How can I help?
Customer: I'm going through divorce and the petitioner has not applied for an absolute
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: We have Nisi
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: And is almost deadline for me to apply to absolute as the respondent
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I want to know what happens if I do Do we need to go to court?

Hello, thank you for the question.

I am a UK qualified solicitor and happy to help.

You do not need to go to court in relation to the decree absolute - you can apply and the court will grant decree absolute and you will receive a copy of the Order from the court in due course. The delay could be because your ex wants to deal with finances - if you have not done so yet I would encourage you to agree finances with the ex if possible and have the terms put in to a consent order for approval by the court.

Let me know if you have other queries.

Kind regards,

Jim

Customer: replied 26 days ago.
Thank you. Will I still be able to get a financial order after the agreement? We agreed to a claim break but he asked for a form E and when I suggested consent order and D81 instead he has gone unresponsive. I have read somewhere that if the respondent applies for absolute the petitioner will be given a court hearing to explain why he didn't apply for it? He is not in the country and had told me he did not have the finances to go to court. If I apply for absolute considering I'm the respondent will the decree just be granted like it would be for the petitioner?

Yes indeed, decree absolute needs to be applied for within 12 months of nisi being granted otherwise the court needs an explanation as to why.

There is nothing to stop you as the respondent applying if the applicant has failed to do so.

If you agreed a clean break I would record this in a consent order and ask your ex to sign this.

Kind regards,

Jim

Customer: replied 26 days ago.
Ok thanks but I'm not sure I explain ed myself completely well. I am not asking if I need to go to court for an absolute or if he need sto explain a delay of more than 12 months. My question is if I as the respondent apply for a decree absolute will the petitioner be called to a court hearing or will the decree just be processed?

The decree would simply be processed unless your ex writes to the court and objects for some reason. There would be no court hearing

Customer: replied 26 days ago.
Thanks! And U can only get a clean break after absolute right?
Customer: replied 26 days ago.
Sorry that was I can always get a clean break after absolute right?

Unless there's an agreement for finances before absolute, there is no obligation for either party to pay the other - so yes, it would be considered a clean break

Customer: replied 26 days ago.
Ok thank you
Customer: replied 26 days ago.
I just read all those stories of ex husbands coming to claim many years after marriage ends. It's concerning. Good to know that he won't be able to claim anything in the future.

Hi, there would have to be a consent order or a clean break order signed by you both before absolute - otherwise he could claim in the future as all absolute does is legally dissolve the marriage

Customer: replied 26 days ago.
But can I do a consent order after absolute or is that not possible?

If you want that order, you need to complete the attached Form A and issue financial remedy proceedings - you can seek your costs from your ex - you can ask your ex to sign a clean break order to avoid all this and then apply for decree absolute once the order is signed. Yes, you can do an order after absolute and have the order endorsed by the court, so it then binds you both to the terms

Customer: replied 26 days ago.
Ok so as he is clearly delaying procedures I will go ahead and apply for the absolute. Separately to this he can contact me when he is ready to go ahead with consent form and I can keep chasing with his solicitors but at least the actual marriage will already be dissolved. Does that sound correct? Or sensible?
Customer: replied 26 days ago.
I just have one more question. For a consent order can I have a solicitor draft it for me and send it him to sign or do I need to have his fonancial details or him involved in order to go ahead with it?
Customer: replied 26 days ago.
do you guys provide this service?

Sorry for the delay, yes, I would recommend that course of action.

Yes, the consent order is a legal document and should be done by a solicitor and then sent to him to sign.

I can't offer the service but can recommend Gorvins Solicitors (ask for Nicola Fraser) - telephone is 0161(###) ###-####/p>

Customer: replied 26 days ago.
Thank you've been mist helpful. Lastly do I need to let him know that I'm applying for absolute or is there any res why it will help me to tell him?
Customer: replied 26 days ago.
reason why

You do not need to tell him as he will receive a copy of the decree once granted.

It is up to you though - if it would help get him to sign a clean break order then it may be worth telling him before he receives the final decree order

Jim1079 and 3 other Law Specialists are ready to help you
Customer: replied 26 days ago.
Ok thanks!
Customer: replied 3 days ago.
Hello
we spoke the other day but I have received conflicting info
I have called the court and they said as the respondent I need to fill a D11 form and pay a fee and then there might or might not be a court hearing but the judge will have a consider the matter and decide if there's a court hearing
Customer: replied 3 days ago.
you mentioned there will not be the need for a court hearing can you explain how to do it that way? and can you help me filling the D11 form please?
Customer: replied 3 days ago.
just a a refresher this is for me as a respondent to request decree absolute

The D11 is to apply to the family court for an order so I presume you mean to apply for decree absolute.

Customer: replied 3 days ago.
that's right
I am the respondent and I want to apply for absolute as we spoke about the last time
Customer: replied 3 days ago.
I'll be away from my desk for 10 min, please don't go, I'll let you know when I'm back shortly. Thanks.
Customer: replied 3 days ago.
Hello, I'm back
Customer: replied 3 days ago.
how can we arrange for the help with the form? is it through a phone conversation or how will it work?
Customer: replied 3 days ago.
hello?
Customer: replied 3 days ago.
hi, I have paid 83 pounds for this service a couple of hours ago but I still haven't heard how it works or made any arrangements to fill the form. Can I have an update pleaes?

Apologies for the delay - my email details should be available so if you could send me a message, I can assist with the D11 form

Kind regards,

Jim