divorce

[davidmarsden]

my friend and his wife want a divorce. the decree nisi has been granted and it is 3 weeks to the absolute. can an argument about the financial division of the propery or any other problem to do with a settlement,delay the decree absolute.

[bednobs]

don't know for sure but would have thought so - the point of divorce is it's final - if there are still negotiations about division of assets, thay need to be sorted first

[EDDIE51]

Are they using solicitors ? this should have been sorted out before now .

[tonywiltshire]

It is sensible to wait until financial issues have been resolved before applying for a decree absolute, your friends should keep in mind the possible legal costs in dealing with a dispute, compared to the value of the issue that is in dispute.
The decree absolute will only be issued at the request of the petitioner six weeks and one day after the decree nici has been issued, if the petitioner does not do so the respondent can apply three months later for the decree to be made absolute, with an affidavit setting out the reason they are applying.

[Debs28]

No it does not necessarily delay a DA. The finances can and often are finalised after a DA has been issued. However, if the Judge reviews the papers once the request for a DA has been submitted to the Court, he or she can request further details from the parties before the DA is granted. We often have people who are still arguing over money, houses, and possessions who have been given their DA. You do however have to start the ball rolling for the finances before applying/receiving the DA as once this has been granted you cannot use the divorce proceedings to fight for these things.

[flipnflap]

Your friend would be strongly advised to get her to sign a Consent Order which will prevent her coming back for more money in future, should she ever feel like it.