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Absolute and Consent Order

  • FBI investigation
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18 May 15 #461531 by FBI investigation
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Hi I am doing the divorce myself and know that I will have to have a solicitor draw up the Consent Order. I can apply for my Decree Absolute on 2 June but finances and not sorted as he was made redundant and then left his new job after two weeks! Can I apply for the Absolute or is it better to file consent order? Does it have any effect on entitlement?
Thanks in advance

  • SuperStepDad
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18 May 15 #461580 by SuperStepDad
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It is highly unadvisable to apply for the DA until the finances have been sorted.

I know you want to be divorced but it could cause all sorts of problems in the future.

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19 May 15 #461641 by LittleMrMike
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I concur with the advice in the previous post.

You talk about applying for a consent order. I keep on saying this on wiki until I am blue in the face, but a consent order means that the parties are in agreement as to the terms of the order which the Court is being asked to make.

If there is no agreement - as I suspect there isn''t - you need to make a financial claim using Form A.

There are certain circumstances where applying for the Absolute can have unforeseen and from your point of view undesirable consequences. This is particularly true :

1.If the house you are living in belongs to him alone ; and
2. If there are pensions involved.

I''d suggest you get legal advice before applying for the Absolute.

LMM

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19 May 15 #461643 by SuperStepDad
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I would be very carful. Petitoner (me) can apply for DA after 6 weeks + 1 day, W (respondent) can apply after 3months + hearing delay and only after paying a fee.

I think its generally given.

Its a game of leverage where you have to say "I will remain married to you until this is sorted"

Mine has failed to disclose x 3 so it looks as if I will have to make this choice shortly.

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19 May 15 #461651 by FBI investigation
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Thank you for your advice - I should have given a little more detail....... Finances were agreed between us and a consent order was going to be drawn up - all figures have been disclosed buy both of us, but as he has now not stayed in the job he went to after being made redundant his solicitor has advised him to hold off agreeing finances until he is working - meanwhile the redundancy pot is dwindling! He''s also stopped paying maintenance for our 16 year old daughter and thinks our 19 year old son (at uni) costs nothing when he is at home. Part of me is impatient and just wants the line drawn and move on but the other part of me needs to be sensible and think of the future for the children.
If he then applies for the Decree Absolute which he can in 3 months will I be in the same situation as if I had applied for it myself?

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19 May 15 #461653 by SuperStepDad
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You didnt say who was Petitioner and who was Respondant. The *pet* can apply after 6 weeks + 1 day after Nisi, resp 3 months + fee , etc

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30 May 15 #462307 by FBI investigation
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I am the Petitioner. I feel he now wishes he had agreed to finances as his father has just died so the pot will be much bigger. I do not want to include the money from his estate as I don''t think that''s fair, but Imam sure the courts will have other ideas

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