Financial side of a divorce

elliep_2

My husband is in the process of divorcing me. After what I went through while he was with me I'm not sorry that he's going, and I do want to get a nice solid line drawn under this.

He has applied for the decree nisi (we're just waiting to see if the judge grants it now). When that comes through then we are confident that we can get the decree absolute whilst still not involving any solicitors. Because he has legal aid we are not paying for any of this.

I'm a bit worried that there is nothing about money in the actual divorce though. I've tried to google it and look on wikivorce but it's so confusing.

We have separated our stuff and are both satisfied with what we now have. We don't have any children and don't want any long term maintenance awards or anything. I have an e-mail from him confirming that he is happy with the current distribution of stuff (as am I), but how should I go about making this official?

He is entitled to legal aid but I am not, due to the income from lodgers in the house, which all goes on the mortgage but still counts as income apparently. So in order to keep the costs down do I need to ask him to do anything? I still need to know what so that I can give him all the information needed to get him to do it sooner rather than later.

RAS

You mention a house? In whose names is this? How long were you married? Who is on the mortgage?

elliep_2

It was my house before we were married, bought in my name only. The mortgage is in my name and it's in negative equity.
We were married for 2.5 years at the point when he moved out. 3.5 years now.

RAS

How long were you married?

If it was more than 2 years, you absolutely HAVE to get agreement now that he has no further interest in "an asset of the marriage", because that is what it is.

Otherwise he could come back when there is equity and claim some of it. The quid pro quo beig that you will not chase for any help with the negative equity.

RAS

Maybe but based on the disaster stories that regularly crop up here, very often that statement makes no reference to the situation regarding the equity in the house.

In possibly the worst home made financial statement we have seen, the wife accepted that her ex have full ownership of an overseas property bought outright during the marriage and paid the ex a sum of money to retain the mortgaged family home in which he remained joint tenant and on the mortgage even thought she paid it all. In exchange for this "benefit" she agreed never to claim maintenance for herself or the children. She had even made a will leaving the property to their children because she did not understand the meaning of joint tenancy. The involvment of a solicitor when the FS was made would have saved her a lot of money and heart-ache.

elliep_2

I realise that I need to get a financial statement now, but my question is really how to go about doing this?

How much will it cost roughly? and I do realise that whatever it costs is worth paying now rather than taking the risk it'll come back and bite me later.

Are there any ways of getting the financial statement without the involvement of a solicitor? As it's a straightforward, nobody has any further interest in the other person statement. I can make sure the house is specifically stated as being 100% between me and the mortgage company and nothing to do with him if that's what I need to do, I just don't know how.

There are no other high-value items and no large cash sums to consider.


Saver0811, so far all the forms I've seen are relating to ongoing arrangements for children. As we don't have any children all of those questions are not applicable. Are there more financial forms before the decree absolute then?

mackemdave

[QUOTE=Saver0811;47997

The Court will not grant a divorce unless there is one (two)[/QUOTE]


What a load of rubbish....The divorce and the finacials are two seperate issues.....

elliep_2

mackemdave wrote: »

What a load of rubbish....The divorce and the finacials are two seperate issues.....

Thank you, that's what I thought but as I've never been through this before I wondered if I'd misunderstood something.

So how do I go about arranging the financial settlement at quickly and cheaply as possible?

mackemdave

Search google for "consent order"....There are online companies who do this but beware if they are completed incorrectly then they can come back in years to come to bite you in the bum.....You are better doing it through a solicitor to ensure it is worded correctly...A solicitor would charge between £150-£200 and the court costs are around £40....Most legal people would advise you not to apply for absolute until the consent order is in place...but its entirely up to the person who has initiated the divorce proceedings.The judge will NOT require evidence that a consent order is in place before granting absolute...Ignore the people that say they do

tattycath

Saver0811 wrote: »

I speak from experience last year, do you ?

But then, we both had paid for Solicitors.

I know-fact, someone who got a divorce a couple of years ago, with no financial settlement in place-nisi and absolute granted.

mackemdave

Saver0811 wrote: »

I speak from experience last year, do you ?

But then, we both had paid for Solicitors.

Yes I do.....I didnt do my consent order till 9mths after the absolute...


Some couples dont even bother with consent orders so it throws your argument out of the window....


The consent order has NOTHING to do with the divorce proceedures