UK Decree Absolute

[*julez* 124]

For those of you who have been through a divore in the UK, how long did it take to get the Decree Absolute once the waiting period was over from the Decree Nisi?? Its all signed, but "in the courts". My fiance has been waiting for his for what seems like forever! I'd like to know what to expect since his solicitor is always so vague about it, saying things like, "soon". She initially told us definitely by the end of June, and here we are at the end of June and still empty handed. UGH! We've been waiting sooooooo long! I just want to file my I129F ASAP, but especially before the new pricing structure goes into effect.

Any experiences that any of you would be willing to share, I'd be very grateful!

Thanks!!

[TracyTN 237]

Only the divorce petitioner can apply for the decree absolute. They have to wait 6 weeks and one day from the date of the nisi before they can apply for the absolute.

Who is the petitioner of the divorce? Your fiance or his soon to be ex? And what is the date on the nisi?

This is why I'm glad my fiance didn't need an attorney!

Edited June 26, 2007 by TracyTN

[Tim and Bethanie 1]

It has been a long while for us. I will try to remember to look it up when I get home if no one can give you an answer.

[*julez* 124]

Only the divorce petitioner can apply for the decree absolute. They have to wait 6 weeks and one day from the date of the nisi before they can apply for the absolute.

Who is the petitioner of the divorce? Your fiance or his soon to be ex? And what is the date on the nisi?

This is why I'm glad my fiance didn't need an attorney!

Thanks Tracy! Here's the scoop:

The nisi was ages ago, like December 2006, but she didn't sign the Absolute until May since they wrangled over money / property forever, and ultimately ended up to agreeing to his initial offer anyway! UGH! So now that the Absolute is signed by her, the petitioner, I just want to know how much longer we have to wait!

It just seems like way too long, but I'm comparing it to my US experience with divorce, so not exactly apples and oranges.

[TracyTN 237]

I meant to say, too, that once the absolute is applied for, it shouldn't take too awfully long to receive it. I believe Chas got his in the mail about a week after the actual date of the absolute.

Edited - if she applied for the absolute in May, I'm shocked he doesn't have it yet. Though I suppose it does have something to do w/ how complex the case is. Can he not call the court and find out info on his own?

Edited June 26, 2007 by TracyTN

[elmcitymaven 9,712]

Yep, six months and a day after the decree nisi your fiance can apply -- the solicitor should do this on his behalf. He should make it clear to the solicitor he wants to apply ASAP -- mine was hesitant to let me do it because our financials weren't sorted out but I insisted. I believe a hard copy will be available to collect from the registry about 2 or 3 days after the decree absolute is handed down; he can do this himself or the solicitor will do it on his behalf. Again, be clear you want it back ASAP! Mine came only 11 days before the wedding -- you can imagine what a nervous wreck I was!

[Muuuuah 0]

Mine took 6 weeks fome the nisi to the absolute

[*julez* 124]

I meant to say, too, that once the absolute is applied for, it shouldn't take too awfully long to receive it. I believe Chas got his in the mail about a week after the actual date of the absolute.

Then I am truly puzzled since she said she signed it weeks ago!

[TracyTN 237]

I am puzzled too. Have your man call or go by the court!

[elmcitymaven 9,712]

Then I am truly puzzled since she said she signed it weeks ago!

It has to do with when it was actually lodged with the court. I don't recall signing anything to get my absolute, but my solicitor may have done so on my behalf. If he knows his case number, he can call the court or registry that is dealing with it to see when it was lodged and if there are any recent actions on the file.

[*julez* 124]

Yep, six months and a day after the decree nisi your fiance can apply -- the solicitor should do this on his behalf. He should make it clear to the solicitor he wants to apply ASAP -- mine was hesitant to let me do it because our financials weren't sorted out but I insisted. I believe a hard copy will be available to collect from the registry about 2 or 3 days after the decree absolute is handed down; he can do this himself or the solicitor will do it on his behalf. Again, be clear you want it back ASAP! Mine came only 11 days before the wedding -- you can imagine what a nervous wreck I was!

Hmmmm. Well, if the ex is the petitioner, and she claims to have applied for and signed the absolute several weeks ago, I am mystified as why we don't yet have it. And solicitor has been told on numerous occasions that time is of the essence!!! Now I'm even more frustrated since it seems like he should have that pesky little document already.

So, if it was applied for in May, do you think its reasonable to believe that he sould have the Absolute by now?

[TracyTN 237]

If you were the respondant in the case, maven, then you wouldn't have had to do anything to get the absolute (nor would your lawyer). It can only be applied for by the petitioner.

Yep, six months and a day after the decree nisi your fiance can apply -- the solicitor should do this on his behalf. He should make it clear to the solicitor he wants to apply ASAP -- mine was hesitant to let me do it because our financials weren't sorted out but I insisted. I believe a hard copy will be available to collect from the registry about 2 or 3 days after the decree absolute is handed down; he can do this himself or the solicitor will do it on his behalf. Again, be clear you want it back ASAP! Mine came only 11 days before the wedding -- you can imagine what a nervous wreck I was!

Hmmmm. Well, if the ex is the petitioner, and she claims to have applied for and signed the absolute several weeks ago, I am mystified as why we don't yet have it. And solicitor has been told on numerous occasions that time is of the essence!!! Now I'm even more frustrated since it seems like he should have that pesky little document already.

So, if it was applied for in May, do you think its reasonable to believe that he sould have the Absolute by now?

Yes, very reasonable to have it by now. Only way I think he wouldn't is if the court is VERY busy...or if his ex didn't do what she said she'd do.

[*julez* 124]

Then I am truly puzzled since she said she signed it weeks ago!

It has to do with when it was actually lodged with the court. I don't recall signing anything to get my absolute, but my solicitor may have done so on my behalf. If he knows his case number, he can call the court or registry that is dealing with it to see when it was lodged and if there are any recent actions on the file.

Thanks, maven! I'll tell him to see if he can chase that up with the solicitor, since she claims there is nothing that she can do but wait until the courts settle it. I mean, if the financials are all agreed to and it is more than fair and equitable, what is the bloody hold up???

I'm glad for the help and info, but now I fell just that bit more frustrated. Sigh.

Yes, very reasonable to have it by now. Only way I think he wouldn't is if the court is VERY busy...or if his ex didn't do what she said she'd do.

My thoughts exactly. Factor that in with a solictor who's as much use as a chocolate teapot and you've brewed up some real trouble!

[TracyTN 237]

Chocolate teapot.

It may well be the financial side of thing that is delaying it some (Chas and his ex split everything on their own, amicably, before even filing) but if both parties have agreed to terms, I can't think why a judge would delay or question it.

My guess is this is more on the lawyer. I'm not sure in this instance if your fiance's copy of the absolute would be mailed to the lawyer or to him. Chas got his directly, but maybe that's because there was no lawyer involved?

Either way, its your fiance's case and I'd be demanding the case number from the lawyer and then asking the court about it.

[elmcitymaven 9,712]

If you were the respondant in the case, maven, then you wouldn't have had to do anything to get the absolute (nor would your lawyer). It can only be applied for by the petitioner.

Nope, I was the petitioner!

It took FOREVER to get everything squared away. We split amicably in April 2005, filed in March 2006, split everything down the middle. Took until early November to get the nisi, mid-December for the absolute, and on June 19th (last week!) I FINALLY got the consent order allowing me my loot.

Lawyers. Meh. (And yes, I trained as one too... )

Edited June 26, 2007 by elmcitymaven