Application for Decree Absolute

As you may have noticed me lingering, my divorce has been ongoing for some time (since 2020)

My wife filed for degree Nisi, which was granted in 2020.

She has, since then, been dragging the financial settlement through many court appearances. It is my belief (granted one side of the opinion) that she does not care about money; rather just causing me hardship.

Briefly, we recently had an offer to sell our property, which has been on the market for 2 years. The mortgage is 12 months in arrears. I accepted the offer, however my wife refused, instead insisting the matter be dealt with at the final hearing in 2 weeks.

That is all just back story.

I read that I can apply for decree absolute (after a 3 months ad 43 days). I have completed and submit to the court form D36. However the court replied to advise that I need to pay £167 fee and complete form D11 - Application Notice.

The final hearing is scheduled for 2 weeks from today.

Apart from shock value, ie. my wife being served the application prior to acepting it, is there any benefit in me submitting forms D11 and D36 prior to the conclusion of the financial; argument? I expect the answer to be no...apart form **fun** shock factor. Am I right in thinking that action would serve no physicla purpose? or would it?

You may not actually be able to obtain decree absolute until the financial issues arising from the marriage have been finally settled. That is because your wife may suffer some sort of prejudice if decree absolute is granted before financial issues are resolved. Such prejudice can take many forms. If that is the case and you make the application that will result in a hearing of which your wife will have notice and she (or her solicitor) will be able to attend. If they can establish that your wife would suffer some sort of prejudice as a result of decree absolute being granted before financial issues are resolved then your application will fail and you will be ordered to pay your wife's costs.

In any case such an application is a waste of time in this case. You have said the final hearing is due to take place in two weeks time. When a court makes a final order it will say in that order 'upon decree absolute' it is ordered that. In other words the order does not come into effect until decree absolute has been obtained and it cannot be enforced until that has happened. Therefore, if your wife obtains anything as a result of the final order she will be obliged to apply for decree absolute. And if she does not apply for it you will be able to do so. However, you will only be able to claim your costs of that application provided you have informed your wife that unless she applies for decree absolute within seven days of the order you will do so and in that event you will claim costs from her.

Assuming you have not given her the opportunity to apply for the decree absolute before making your current application (and giving her the opportunity to object if she has any valid objection) you would not get your costs of the application and you could well be ordered to pay her costs.

Thank you.

Upon reflection, I assumed that...

a. A hearing for my application would not be heard prior to te final FDR in 9 days
b. The court would be unlikely to grant me a decree absolute until after the final FDR.

So...I will wait.