Decree Nisi

Hi my partner is due to get his Decree Nisi in 3 weeks time.

He is keen to get the Absolute asap, he was advised from a lawyer to agree to the divorce and cover letter saying he did not agree to the terms within the divorce.

They have 2 children and finances still not sorted.

What is the steps now? can he submitt for the absolute and then it will be done?

Is he divorcing in England or Scotland? This is important because the laws are different.

Hadenoughnow

I''m assuming the divorce is in England & Wales, in Scotland there is only one divorce decree.

If he agreed to the divorce, but disagreed with the allegations he will be the respondent. The Petitioner can apply for the Absolute six weeks after the date of the Absolute. When the petitioner doesn''t apply the respondent may apply 3 months later or 4.5 months after the date of the Nisi.

However, it is usual to settle the finances before the absolute and the court may not grant it if no longer being married leaves the petitioner financially disadvantaged. This may happen when there is a large pension where certain death benefits could be lost.

Thanks for the responses.

Divorce is indeed in England.

No finances have been settled formally as all letters to the petitioners lawyer have been ignored.

My partner is now left in limbo a little, he has agreed to the divorce even thou he didn''t want to agree to her reason for divorce, but he wants it all to be over.

It needs to be sorted financially as their are large marital debts and a house in joint name, the debts are in his name.

If he was to employ and English solicitor would it be very costly or could it be done at a set fee? We have been told that it would cost over £200 per hour?

We took advice from a solicitor in England who advised us to agree to the divorce just not the terms within the divorce and it would be all done and a separate motion would have to be raised regarding the kids and finances.

Can he apply for the absoulte? The paper work says, that you have to wait 6 weeks 1 day from the date of the Nisi? But it depends on what form the court send back with the Nisi? D187 is the form to complete and it mentions the fees?

His ex put on the divorce that he would pay the fees but he disagreed to this, so what would the fee be for?

Sorry for a million questions!

Thanks for your help

D

Hi dpants,

From what you write, your partner is being divorced under English Law, therefore he is called the Respondent.

He can''t apply for the Decree Absolute until (as Fiona says) 4 and one half months after the date of the decree Nisi.

I would ask you and your partner to consider that the decree absolute may not be as important as sorting out the arrangements for the children and the finances.

Assuming that the court is satisfied that the principles of arrangements for the looking after of tehchildren have been made then the Nisi ought to be granted.

At that point, either your partner or your partner''s soon to be ex may apply for ''Ancillary relief'' (paying the required court fee). Please take a look at:

www.wikivorce.com/divorce/Step-By-Step-G...de/Introduction.html

In my opinion once the residence and contact arrangements for the children are sorted and the finances have been agreed (who gets what) then either your partner''s ex or your partner should apply for the decree Absolute, paying the required court fee.

Th eactual court fees are not huge and the solicitor''s fee for decree nisi should not be that large. It woudl be good for both o fthem if your partner and his wife could agree as much as possible and each make some compromises without going through solicitotrs. It will be cheaper and less stressful for everyone, including his children and of course yourself.

YA

Thank you very much for your response.

Nothing has been agreed due to my partners ex not answering any letters from lawyers.

He agreed to the reason for divorce even thou he believes it not to be true.

He is keen to sort out the finances but unsure as to how to do this when she doesnt respond, also the arrangements for the children are that their mother has said they do not want to see him, and all attempts via family contact centres have been cancelled.

He cannot afford a big lawyers bill and he doesnt qualify for legal aid in England but does in Scotland.

It cannot be heard in Scotland as they do not have juritiction the children.