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History: Home UK Divorce Forum
Topic:
Ensuring the financial order comes before the absolute (2 Posts)
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Date:
26 August, 2017 08:25PM
Ensuring the financial order comes before the absolute
jill_of_all_trades - 26 August, 2017 08:25PM
Question about getting things in place in the right order. I am the respondent and the decree nisi has been issued. The financial order is effectively agreed BUT, and with my ex there is always a BUT the draft financial order is now with my ex and he keeps a very full diary and I am his lowest priority.

If my ex's solicitor gets bored with waiting for the draft financial order to be returned to him as satisfactory and decides to apply for the absolute at the first available date is he obliged to tell my solicitor about it? I was told at the start of the process the financial order should be in place before the absolute is declared and I want to ensure it happens that way.
Re: Ensuring the financial order comes before the absolute
davidterry - 27 August, 2017 08:02AM
>> I was told at the start of the process the financial order should be in place before the absolute is declared

That is not always the case. It rather depends upon whether you would suffer any significant (as opposed to imagined) prejudice as a result of decree absolute being granted before financial issues are formally and finally settled. Such prejudice can take many forms but there are also many cases where there is no such prejudice. If you want to know whether such prejudice actually exists in your case you should speak to your solicitor.
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