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Divorce/separation

if finances not agreed

6 replies

MagicHouse · 13/12/2012 23:23

I was granted a decree nisi earlier this year. I have since sent back a form setting out our financial "agreement" (basically no claims on either side, which we both agree with). It looks like my ex is going to ignore this/ not respond (fairly typical of him). My solicitor says she would advise going for the decree absolute with no financial agreement, since he's been given his chance and I can argue this if he ever made any claims in the future.
But I always thought it was foolish not to sort the finances out first. Does anyone have any advice or experience with this?

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Collaborate · 14/12/2012 00:29

Trust your solicitor. Always a good order to get by agreement, but never issue a contested application just to try and achieve one.

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TheDreamCoach · 15/01/2013 18:41

I would recommend getting a financial agreement now, no lose ends in the future to come back and bite you.

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Collaborate · 15/01/2013 20:12

At any cost? Only if you know you're likely to receive a substantial windfall in the future, or you've more money than sense. By consent: yes. Otherwise, leave it.

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MagicHouse · 14/02/2013 00:05

Thanks for replies - this is still dragging on. Turns out he says he can't find out the value of his pension in order to complete the form. (This is quite possibly true, although he does tend to lie a lot, and is also pretty incompetent at finalising anything, so even if true he will simply be ignoring it now). My solicitor has since retired and my new one has the opposite advice - she's adamant I should get the financial order in place. My pension is fairly healthy and I will probably inherit at some point.
However she says the next step is to involve the courts to insist he completes the documentation, which she says may cost at least a thousand or two, worst case scenario. (Which tbh I don't have or want to spend).
It's so frustrating. Does anyone know of anyway I might be able to resolve this without involving the courts?! It seems ridiculous when we are both agreed there should be a clean break.

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MOSagain · 14/02/2013 13:22

sadly, the only way to ensure it is sorted 100% now, is by going to Court which could potentially cost thousands. If he stopped being an arse and agreed to mutually exchange financial disclosure, you had advice on that and then agreed a consent order which he signed and you lodged at Court, that would be considerably cheaper than a contested hearing.

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MagicHouse · 15/02/2013 19:48

Thanks that's helpful actually! I'll keep plugging away at him for a while before I consider court. He did actually say he'd heard from the pensions people, so fingers crossed.

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