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Hi,
Separated from my ex back in Feb 2015. Since then have been going back and forth to the court to sort out custody. I now have contact in the community but no final hearing. Contact is gradually being increased.
Anyway, in regards to the divorce, I received the Decree Nisi back in August 2015. My ex applied for the divorce. I have been a self litigant, with no legal advise, so I thought that was the end of it.
However, I just found out the divorce is not official until I get the decree absolute. My ex has still not applied for one and it's been over 12 months!!!
Question 1 - We are still negotiating the finances and the child custody is not resolved, can I apply for the decree absolute? if I do could it affect the finances and custody or are they treated independently.
Question 2 -Since its been over 12 months we will need to explain why a decree absolute was not applied for and if the reason is not good enough the court will make the Decree Nisi redundant apprently. Meaning another application has to be made!! Can I use the fact my ex did nothing as a valid excuse?
HI There,
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My knowledge of divorce isn't too bad, but I am struggling a bit with these questions, I don't know whether you can apply for the absolute if I'm honest, my ex applied for our divorce and she did it all online, the absolute was issued automatically after a set time so our divorce was completed before the finances were.
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So that answers your question in a way, if the absolute is issued then you can still deal with teh finances after that point, the divorce settlement would still go before a judge to sign off.
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I can't answer the 2nd question, but I don't think that they expire and it would stand until the absolute is applied for, what are the issues you are having over the finances? I have a good understanding and I am happy to discuss in private message if you would like and I may be able to offer another view point to help you settle with her.
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GTTS
I can't remember the timings, bur your ex can apply for the absolute first, but if she hasn't within a certain period, then you can apply - I think it will say on the paperwork that comes with your decree nisi, but if not, then ring the court and check. Potentially, it can be refused if the financials haven't been sorted out, but I think you can sort it out after the absolute,
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