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Final hearing

Posted by Xh.p 
Re: Final hearing
July 05, 2025 05:48PM
>>As the home has to be sold- the judge did not really put a timeline on when and value to be sold at?
He did say i hope you sell it for as much as you can to help both of you out.<<

I would be surprised if that was correct. Without some sort of timescale an order for sale would be unenforceable. There will be a means of enforcement in there somewhere.

>>Also my barrister did mention that if you suddenly want to buy out her share, you can but just make sure the monies a gift from family. Is this correct ?<<

I suppose the point being made is that the source of funds which would enable you to buy out her share must not be a source which is inconsistent with your arguments before the court. If it was inconsistent then that could be a ground for your ex to seek to have the order set aside for meterial non disclosure. And, of course, if you try to do this you can expect to have an argument about valuation but in principle it can be done.
Re: Final hearing
July 31, 2025 10:08AM
Good morning terry,
How is a final order now obtained ? ( decree absolute )
Re: Final hearing
August 01, 2025 08:54AM
One simply applies for it. If the application is by the person who issued the divorce petition then the application is dealt with as a matter of paperwork. If made by the other spouse there has to be a formal appointment when parties are expected to attend. The latter involves more cost. If more than 12 months have passed since decree nisi (or conditional order) then the court needs certain additional information which is not usually any problem but it is a step which is not required if the application is made within 12 months of the conditional order.
Re: Final hearing
October 01, 2025 10:59AM
Hey Terry, for the past 6 or so weeks i am trying to find out from
The ex wife solicitor whether she plans to apply for a final order- however getting no response.
Am i right in thinking if they don’t want to reply with a yes or no answer i might just delay the selling of property and drag my heels…

Also, the property is getting very little viewing to begin with, the order stated to be put on market at a value on the advice of estate agents, in which we did and both agreed on the valuation of agent.
Can she turn around in say 6 months time if it has not been sold and say we need to
Lower the price ?
Re: Final hearing
October 03, 2025 05:21PM
Just write to them and say that if they don't reply to your request about a final order within 7 days then you will apply and if you have to do that then you will seek the costs from them

As to the price of the house you would need further advice from the estate agent if there was no interest at the original suggested price
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