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Topic:
Agreeing to a Decree Absolute by way of Consent Order? (1 Post)
Started By:
Date:
23 June, 2017 11:12PM
Agreeing to a Decree Absolute by way of Consent Order?
Juan Carlos - 23 June, 2017 11:12PM
Hi All

I am the respondent in a divorce matter.

The petitioner obtained a decree nisi back in December 2016 but failed to apply for absolute.

I then waited until mid April 2017 to apply for a Decree Absolute and have a hearing on 3rd July 2017. I have asked for the court application fee to be paid by the petitioner.

In the meantime the petitioners solicitors have written to me to confirm that the peritoner does not ­object­ to the absolute being pronounced but does ­object­ to paying the application fee. The solicitors further on state in their letter that given the petitioner is in agreement to the Decree Absolute being granted, they are of the view that the hearing isn't necessary and are proposing that matters are dealt with by way of consent order.

The solicitors have asked of I am in agreement they will prepare a consent order for the both of us to sign and send it to the court requesting the hearing is vacated.

Can somebody in plain English explain what this means? If I agree with the consent order do I definitely get the absolute on 3rd July?

Financial matters haven't been resolved and the same letter states they hope we can both reach an agreement regarding the finances amicably and without the need to start court proceedings. They have enclosed a draft form E for me to complete and return as soon as possible.

I don't think I'll be completing the form E because it was a 2 month marriage. I privately rent earning 21k per annum. The petioner bought nothing into the marriage and bettered by way of being financially provided for.

Any advice would be greatly appreciated.



Edited 1 time(s). Last edit at 23/06/2017 11:14PM by Juan Carlos.
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