ONDIVORCE GENERAL AND CONTACT MESSAGEBOARD
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Subject: help please
Posted By fred12345 on 27-01-2010
my wife applied for an divorce nisi and recieved it in 2004 i have been urging her to get the divorce absolute ever since then, it is only just now 6 years later that she has applied for it and i was wondering if there is a time limit from the time someone gets the nisi to the time they apply for the absolute, only i guess she has been playing for time waiting for me to finish paying off the mortage which now has only 10 months mortage payments left on it, and she still seems to be stalling on it
Follow up comments
Added By sometimesitdoesn'twork on 27-01-2010
Did you seek legal advice? When the nisi is more than a year old a directions hearing will be required but invariably the divorce then proceeds as usual. The petitioner can apply for the absolute 6 weeks after the nisi was granted but if they don't the respondent may apply after another 3 months. Therefore unless there are substantial resources and your wife would be disadvantaged by no longer being married (eg loss of death benefits on a large pension fund) there is no reason why you couldn't apply for the absolute.
Also there is no reason why you might not have applied to court for ancillary relief to settle the finances earlier. Any court order either agreed "by consent" or contested and imposed can become effective after the nisi unless there is a pension sharing order in which case the absolute has to be granted before the settlement becomes effective.
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