Divorce speed and the decree absolute. And a London perspective

Divorce – Fast or Slow?

If your ex is hiding assets you may want to file a petition to seek an injunction. The divorce petition is the peg to hang your hat on. Within the divorce petition, the Judge has wide powers to help you with associated matters such as freezing your ex’s assets.

You may be desperate for income in which case you need to ask the Court for interim maintenance (that is temporary maintenance while the divorce is going through) and for that the petition has to be issued.

You want to remarry and get on with the whole thing.

Reasons to go slowly

Your ex has a substantial pension and is elderly and in poor health. While you remain married (until Decree Absolute) you may have a claim to his pension on death whereas if you are divorced that right will be lost.

The family home is in your spouse’s sole name so if your divorce is finalised before the finances are sorted out the matrimonial home could pass under his Will and you could lose out.

Decree Absolute

This is the final Decree which makes you divorced and can be applied for six weeks after the issue of Decree Nisi (the halfway house). If the petitioner does not apply the respondent can apply three months after the six weeks.

Speed up the Decree Absolute

Your ex is hiding assets you might want to undo a divorce settlement which is triggered by Decree Absolute.

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