FAQ’s

Divorce FAQs

FAQ Frequently asked questions and answers from Divorce Negotiator 7 days a week 9 am – 9 pm.

 

How long does a Decree Nisi take?

Between 6-8 weeks from the date it’s filed at court

 

What is the meaning of an amicable divorce?

Where both parties agree to getting a divorce. Where both parties are in agreement to negotiate a financial settlement

 

How to apply for a Decree Nisi.

You serve a d84 application and a D80 statement in support along with the D10 acknowledgement of service

 

How to apply for a Decree Absolute.

With a D36 application. Usually after the the courts approve the financial order

 

Are you divorced after a Decree Nisi?

Definitely not

 

What happens after a Decree Nisi?

You can file your financial settlement with the court for the Judge to approve your order under the MCA 1973. Or nothing, parties merely wait for the 6 week period between nisi and absolute.

 

How much is a divorce?

If one party is on a low income then they will be fully or partially exempt from the court fee, saving them up to £550.00.  And approximately 3 hours billable time for a solicitor to do all the paperwork for just a divorce however, a financial settlement will cost extra due to the extra work involved.

 

What is the difference between Divorce Negotiation and a Mediator?

We assist in all aspects of reaching a financial settlement and prepare all the divorce papers for you.  A Mediator will ensure that each of you has disclosed all your financial information.   With a view of you both coming to an acceptable agreement.

 

Can I claim my husband’s pension?

In the total assets are both parties pensions funds. Taking into account the length of marriage and earning potential.  You are both entitled, depending on the split of the assets on whether you receive a share of the pension or if it is offset against another asset.

 

Will we have to go to court?

Only if the Judge wishes to discuss the financial order with you both.  Or if he feels that part of section 25 of the Matrimonial Causes Act 1973 is not complied with which shows many important factors parties need to consider during the divorce proceedings. It relates to the length of the marriage, ages of the parties, their assets, incomes and earning capacities.

 

If my wife and I have agreed our settlement why won’t the judge just rubber stamp it?

Your financial settlement comes under the Matrimonial Act 1973, therefore it is a judges duty to both you and the court, to ensure that all aspects are in accordance to section 25.  Finally, if the judge believes that you may have missed something and your order is unfair to one party or is unenforceable he will not rubber stamp you financial order.

 

Can I share my pension without a financial order?

No

 

Can you get a divorce without a financial settlement?

Yes, but it does leave you exposed for your ex to go back to court, and demand a share of any future financial windfall.  A Consent order will protect you from this happening.

FAQ’s was last modified: May 10th, 2018 by Carol Sullivan

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