No decree absolute

If you recall my case, it dragged on for ages. I mostly was satisfied with my self representation apart from at the final hearing.

My wife was made up to have been awarded a 70% settlement, gloating about it on Facebook. However, as she was awarded the main family home, following a failed sales attempt her share has substantially diminished.

There is also a dispute at the moment whereby the court ordered costs of sale to be funded from the proceeds of the sale of.the family home. The remaining equity to be paid to my.wife. her solicitor is interpreting this to mean the current sale, expecting me to personally fund abortive charges for a previous failed sale.of the home. I'm expecting this will require me to apply for a directions hearing.

Question 1: is that correct?

Question 2: My wife started the divorce with decree nisi. She has not applied for decree absolute despite the financial hearing being competed and a clean break settlement ordered.

Someone has suggested there is a time frame to apply for decree absolute after which the entire divorce application becomes null and void, resulting in us still being married, needing to start the entire process over, and potentially a new financial settlement.

On the other hand it seems to be excessively complicated for me to now apply for decree absolute.

Is there any truth in this?

1, The answer to your first question depends upon the exact terms of the court order. The words matter.

2. An order like this is not enforceable until decree absolute so someone needs to apply for decree absolute and, if it is more than 12 months since decree nisi, provide an explanation covering particular points to the court.

Both of these issues are likely to need legal advice.

Terry.

That is really interesting and helpful. Thank you.

Is there anywhere that I can read the exact legal wording of what you state that the order is not enforceable until post decree absolute?

It's ok. I think I found it.

For anyone else in a similar position, here it is...

Quote

Under section 23(1) of the Matrimonial Causes Act 1973 (MCA 1973), the court may make an order for such lump sum or sums as may be specified on the granting of a decree of divorce, a decree of nullity or a decree of judicial separation or at any time thereafter. As indicated, the order will not take effect until decree absolute has been granted. See Practice Note: General principles—lump sum orders, in particular the section on the ‘Court’s powers’.