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Read our latest Financial Settlements guide (2021)

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

Stop decree absolute

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Destiny2000
Posted by
Junior Member

20 Jan 22 #518630 by Destiny2000

Topic started by Destiny2000

Hi everyone. I am worried that if Decree Absolute is not stopped by applying to stop it until financial settlement that I will lose my rights. Has anyone had experience with applying to stop it and succeeded?
Thanks a lot

hadenoughnow
Moderator

21 Jan 22 #518637 by hadenoughnow

Reply from hadenoughnow

What rights are you worried about losing?
Your claim for a financial settlement remains open after Decree Absolute.
DA will end matrimonial home rights if they have been put in place on a property that is in the name of only one of the parties.
If there's a substantial pension on one side that may be an issue. DA would mean you lose automatic spouse benefits and things would be complicated if the other party died after DA and before a financial order.
You can lodge an objection to DA being granted for either (or both) of these reasons.

Hadenoughnow

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