Page 33 - Federation magazine: December 2016 / January 2017

Which comes first a divorce
or a financial settlement?

Aquestion notwithstanding this, they can do so Petitioner’s allegations of serious financial
which regardless of whether a financial settlement non- disclosure which would need to be
often has been reached. This is done by the simple considered by the court in due course. In
arises in divorce process of sending an application in writing those circumstances, the decree absolute
cases is whether a to the court. No court attendance is was refused and the Respondent had to pay
divorce can be required. the Petitioner’s legal costs.
finalised by But, if the other party to the divorce (the Therefore while a decree absolute can be
pronouncement Respondent) wishes to apply for the decree pronounced before a financial settlement is
of decree absolute absolute because the Petitioner has not reached, there may be reasons why this is
before a financial done so, they can do so after three months not advisable depending on the
settlement has from the date when the Petitioner could first circumstances of the case and, in those cases
been reached. have applied. However by contrast, such an where there is a contested hearing about the
Once the application is not a simple paper exercise timing of the decree absolute, the court has
decree nisi in the divorce has been and, if opposed, will involve a contested the ultimate discretion to grant or refuse
pronounced by the court the Petitioner can court hearing. this.
apply for the decree absolute any time after The general rule is the court will grant These are matters which Sally Leaman
six weeks have elapsed. The Petitioner is the the decree absolute on the Respondent’s and Emily Crick of Gorvins can advise on. If
party who brought the divorce proceedings. application unless the Petitioner can show you need advice in relation to divorce or
Once the decree absolute is pronounced the ‘special circumstances’ not to do so yet. relationship breakdown please contact Sally
marriage is dissolved. While this is down to the discretion of the or Emily at Gorvins solicitors. Clinics are held
Frequently, the Petitioner will be advised judge, generally this will be weighted in twice a month at Guardians House to
to defer applying for decree absolute until a favour of pronouncing the absolute. provide initial free advice on family law. If
financial settlement has been reached However, this is not so in every case, and more convenient, they can be contacted by
because certain rights are lost on divorce. in a recent reported case the court ruled phone on 0161 930 5278 or by email to
However, if the Petitioner wants to apply for against pronouncing the decree absolute on police-divorce@gorvins.com
decree absolute at the earliest opportunity the Respondent’s application because of the

Sally Leaman,
Partner and

Head of Family Law

Watching out
for YOU…

…whilst YOU watch out for others

With 20+ years’ experience working with the police, Gorvins Solicitors,
have been a leading provider of legal services to the Police Federation
and all its members. Whilst you protect your community our aim is to
protect you on any legal issues you may be experiencing.

Contact your dedicated force Cost effective: Fixed fees and Other Family Services
representative Sally Leaman today on discounted rates for of?cers, police U Wills, trusts and probate
personnel and families U Employment law
0845 6347 999 U Residential conveyancing
Expert team: Specialists in police U Personal injury claims
e-mail police-divorce@gorvins.com pension treatment on divorce and
or visit us at www.gorvins.com/ dissolution (on or off duty)
police-divorce/west-midlands- U Dispute resolution matters
police-federation Prompt service: First appointment
free and no matter is too small
www.westmidspolfed.com
federation December 2016/January 2017 33