Absolute decree for respondent

Hi.
The wife filed for divorce in May 2022. I supported it. Decree Nisi was issued only in March 2023, due to the busyness of the court. Married for 9 years. 2 children 7 and 5 years old. I tried to reach a financial settlement through mediation, but my wife ignored this method of resolution. In February 2023, I filed a lawsuit for a financial settlement. Our monthly income is the same, pension pots are £2,000 apart. There were 2 hearings on finances. In FDR format. The only property we share is the house, which is under mortgage. The court advised that a joint assessment of the house should be carried out. When I suggested that I do this, my wife refused and said that she did it herself. At the second hearing, the judge again spoke about the need for a joint assessment. I said that I accepted my wife's offer to share the house. in which I lose about £20,000 on the condition that she applies for a decree absolute. The court gave the wife 3 weeks to draw up a consent order and told her to appear in court on October 3. The wife promised at the trial that she would apply for absolute maternity leave as quickly as possible. However, after 2 weeks there is no information. There is also no information from her about the consent order. I, as the defendant, filed for the decree absolute on July 17, but there is no information yet on when the hearing will be. I need to get a divorce as quickly as possible. What is the chance of obtaining a decree absolute on my application as a defendant if it occurs before the hearing where it is necessary to provide a consent order.

Because there are pensions your wife can legitimately object to you obtaining decree absolute because she would suffer prejudice if decree absolute was granted before financial issues are formally and finally resolved. You would very likely lose your application and be ordered to pay your wife's costs.

Pension pots: £11,000 hers and £13,000 mine. We stated in court that we have no claims regarding pensions. In addition, divorce does not terminate the rights to a pension, with the exception of the widow's pension.What will her suffering be? I agreed to give in to all her conditions for the division of property.



Edited 1 time(s). Last edit at 09/26/2023 01:35PM by Arfa.

>>divorce does not terminate the rights to a pension, with the exception of the widow's pension

There is the prejudice .....

Yes, I understand. I agree to accept all of her conditions regarding the division of property. The court ordered her to provide a consent order. On October 3rd we must appear in court and approve this order. But before the trial I must obtain advice from a solicitor. This is a court requirement. 4 working days left and still no action.