Q&As

Where a divorce petition has been issued at a Divorce Centre, can both the application for decree nisi and the approval of a financial consent order be expedited where a party will otherwise be disadvantaged by the expiry of a mortgage offer?

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Produced in partnership with Tori Adams of 4 King’s Bench Walk
Published on LexisPSL on 24/10/2019

The following Family Q&A produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a divorce petition has been issued at a Divorce Centre, can both the application for decree nisi and the approval of a financial consent order be expedited where a party will otherwise be disadvantaged by the expiry of a mortgage offer?

The procedure for making an application for a decree nisi is set out in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 7. Where the case is proceeding undefended, the petitioner (applicant) can apply to the court for it to consider the making of a decree:

  1. at any time after the time for filing the acknowledgment of service has expired, provided that no party has filed an acknowledgment of service indicating an intention to defend the case, and

  2. in any other case, at any time after the time for filing an answer to every application for a matrimonial or civil partnership order made in the proceedings has expired

If at the time that the court is considering the application for decree nisi the case is undefended and, if satisfied that the applicant is entitled to a decree, the court must so certify and direct that the application be listed before a judge for the ma

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