How are debts owed to family members dealt with in divorce proceedings?
The first question for the court to determine is whether the debts are legitimate, and this is a...
A Decree Absolute formally and legally ends a marriage entirely. Under certain circumstances, the petitioner of the divorce may wish to delay the granting of Decree Absolute.
The Court will be required to consider all the circumstances of both parties in order to delay the granting of a Decree Absolute. These circumstances will include age, health, conduct, financial resources and financial obligations.
The party wishing to delay the divorce must show that they will be heavily impacted financially should the Decree Absolute be granted. To prevent an application for Decree Absolute from succeeding, it will often be contested that there has been a significant non-disclosure of financial assets and severe financial prejudice.
However, an application to finalise a divorce will not be refused simply because proceedings for financial provision have not yet concluded. The court is required to weigh up the respective prejudices suffered by both parties and exercise a just result for all involved.
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