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Topic:
Divorce depending on consent order (5 Posts)
Started By:
Date:
07 June, 2017 07:32AM
Divorce depending on consent order
Jane100 - 07 June, 2017 07:32AM
Hi everyone, how do I agree to a divorce on condition that I receive a certain amount of money we have agreed on? From what I have read a consent order cannot be approved until after I have already agreed to the divorce and received the decree nisi? Any advice would be much appreciated smiling smiley
Re: Divorce depending on consent order
Bubblegum - 07 June, 2017 08:00AM
You won't be divorced until you have the decree absolute. You can delay the absolute until the finances are sorted.
Ultimately, you can't stop your husband getting a divorce if he wishes and trying to place these types of conditions won't really get you very far.
Re: Divorce depending on consent order
davidterry - 07 June, 2017 11:24AM
The courts do not have jurisdiction to make a final order in respect of the financial issues arising from the marriage (whether by agreement or not) until there is at least decree nisi in divorce proceedings. Therefore a divorce has to be progressed at least to the point of decree nisi before there can be a final financial settlement which is approved by the court.
Re: Divorce depending on consent order
Jane100 - 07 June, 2017 11:43AM
So I can delay my husband from getting the decree absolute if the consent order hasn't been approved? I thought once I agree and we get the decree nisi, he can go ahead without requiring further consent from me? Thanks for your input!
Re: Divorce depending on consent order
Bubblegum - 07 June, 2017 04:53PM
Well the Court has discretionary powers to delay the absolute. *But* you would need to be able to clearly show that granting it would be unfair to you and would prejudice your position. For example it could impact on widow's pension, matrimonial home rights, tax etc. I think it would be wise to ask your husband to sign an undertaking to agree not to apply for the decree absolute until a financial order has been made.
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