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decree absolute

  • laconic
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05 Mar 24 #522685 by laconic
Topic started by laconic
Hello again all.

I have a Decree Nisi and an approved Consent Order from HM courts. The final stage is to apparently submit a D36 form to obtain the Decree Absolute. This appears to be a simple form which either part can fill in and submit along with the £45 fee.

My wife is the petitioner and submitted the application for decree nisi and the consent order to the courts. Am I able to submit the D36 form to apply for decree absolute?

I understand I should wait 28 days to enable submission of the pension sharing order to the life insurer. Is there anything else I need to consider or do?

Many thanks for the help so far.

  • hadenoughnow
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06 Mar 24 #522689 by hadenoughnow
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You need to write to your ex and ask them to submit the application. Give a deadline and say that if it isn't done by then you will submit your own application and claim costs.

NB if it is more than a year since the Decree Nisi (old style) or conditional order you will need a covering statement/letter explaining the delay in applying - usually because of sorting finances - stating that you haven't lived together as man and wife since the Nisi and there are no (further) children born of the marriage.

Hadenoughnow

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06 Mar 24 #522691 by laconic
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Thanks for the reply. The additional information on the covering letter to explain the delay between the decree nisi and applying for decree absolute is very useful. I did not know that. The house took a year to sell so it has been more than a year now.

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