NISI tomorrow, is ABSOLUTE automatic -

My Decree Nisi goes to court tomorrow, as I understood I needed to get there to have a legally binding financial settlement.

I still haven't been able to reach an agreement with my husband, the main issue is over a pension share, is the ABSOLUTE inevitable now? - I know you need to apply, but if I don't can he? and it go through with nothing in place, I now realise there are risks with this.

This is the reason I held back for 6 years in filing for divorce for fear of the process running on regardless.

Help!! please

A financial order can be made before the Decree Absolute but the order is not active until the absolute is made.

The decree nisi is the Court's indication that the Petition is entitled to a divorce. A cooling off period of 6 weeks and 1 day is compulsory to allow the petitioner to reflect and abandon the process. This means that you have to wait until you apply for the decree absolute.

If you don't apply, you remain married.

If the respondent wants to get divorced, they have to wait for 6 weeks and 1 day plus a further 3 months before making their own application for a decree absolute.

Charles

Thankyou for this Charles, it's really helpful, hopefully I have enough time to sort something out.

Is there a specific order or application I need to make to the court if it looks as though I'm not going to be able to resolve this do you know?

thanks again,

If you want to ensure decree absolute is not granted until after the finances are sorted, there would need to be a reason. This may be because there is a substantial pension to consider or if there is something like a matrimonial home rights notice that would cease on Decree Absolute.

The pension could be a problem if the party holding it was to die after decree absolute and before financial settlement.

You can write to the court to request that Decree Absolute is not granted. You may be asked to make a formal application. If there is an application for Decree Absolute and you have objected, there would likely be a short hearing to decide whether or not it should be allowed.

Hadenoughnow