Respondent applying for absolute advice please ?

I am the respondent in divorce
Decree Nisi abotained in september 2009
Consent Order for Ancillary Relief from court in Jan 2010
I am waiting for my name to be taken off mortgage ( I am not sure she is going to get this easily as there is a 90k mortgage and she lives on benefits so may need the sale ..?) and she is blocking me collecting some assets from FMH ( agreed in consent order )
I am also having to go through childrens act matters to get direct contact order

Should I apply for Absolute now ?
I would like emotional closure and the satsifaction of ending it but if it's tactically naive ( in terms of consent order ) then of course I won't

Hello

If the consent order was sealed by court there is no reason not to apply for the Absolute,

As for the order it should state who gets what and when, look for the parts that say within 28 days of the date of this order bla bla bla it may not be 28 days could be 40 ect, then toward the end of the order look for Liberty to apply as to timing and implementation - this allows you to take the order back to court so it can be enforced if necessary.

Could a specimen order be be posted here? Obviously without any identifying details.

It could be as long as all details were struck out and definitely no details of children, problem is i don`t know how much use it would be to you, no one can advise without knowing all the relevant details.

it stated on the consent order that she should use her best endeavours to secure my mortgage release within 70 days ie 23 March 2010

what do you mean by look for Liberty ?

so am i best just to wait for ex to apply then because of consent order issues ?

Slavic girls

Its a standard clause to make best endeavours, what this means is she has to ask the lender to remove you from the mortgage, this is for the lender to decide court have no power to make the lender remove your name and as long as she asks she has complied with that part of the order.

Often orders have this written,

"Liberty to either party to apply as to timing and implementation"

It means if the order is not complied with it goes back to court to be enforced.

I don`t understand "slavic girls"?

thanks dukey
does that meean she could string it out for long ? . she gets housing benefit to pay interest only mortgage ( this is due for review in april by morgage co )
can i force it along ? if so how ?

Slavic girls - just a reference to my post in another part of the forum about my post divorce experiences in Ukraine and with a Polish girlfriend
the post was very popilar but got banned