Financial side of a divorce

Marisco

My ex and myself got divorced without any consent orders, financial stuff etc. (Kids all grown up so no probs there) This was in 1994, so I don't know if things have changed now. He didn't even use a solicitor, he got the papers from the court, sent them to me to sign (I was living down south at the time) I signed them, sent them back to him, then got the nisi, then weeks later the absolute. Job done!! He did want me to sign something saying I wouldn't go after his works pension, I told him to go to hell, that he should know me after 25 years, that I wouldn't do anything like that! That was the last I heard of that!!

zzzLazyDaisy

Marisco wrote: »

He did want me to sign something saying I wouldn't go after his works pension, I told him to go to hell, that he should know me after 25 years, that I wouldn't do anything like that! That was the last I heard of that!!

Actually, because of the pension splitting laws on divorce and the fact that there was no consent order, you are legally entitled to a share in his pension now (even though you may not have been at the time - I can't honestly remember when the 'new' law on pension splitting came in)

Edit - also because you chose not to involve solicitors, it was entirely up to you how you chose to deal with the financial aspects. But in OP's case, the ex is on legal aid and has a solicitor, so it is highly unlikely that his solicitor will advise him to let the divorce go through without recording the agreement in a consent order.

Marisco

zzzLazyDaisy wrote: »

Actually, because of the pension splitting laws on divorce and the fact that there was no consent order, you are legally entitled to a share in his pension now (even though you may not have been at the time - I can't honestly remember when the 'new' law on pension splitting came in)

Yes, he knew that, that is why he asked me to sign a paper saying I'd not "go for it". But I was really annoyed, as he should have known me better than that, and know I'd never do it anyway, needless to say I never signed anything!:) He also asked me not to site adultery as cause for divorce, as we were on amicable terms, I said ok and we went for 2 years by consent/irrevocable breakdown (or something similar!!) I think he said the whole thing cost him about 60 quid!!! It's a shame others cannot do it simply and friendly, even if kids had been involved I know we'd have come to an amicable agreement re them as well, instead of lining the lawyers pockets!!

elliep_2

my ex doesn't have a solicitor. He applied for legal aid to cover the court costs of filing for divorce. We're doing it all ourselves so far and it's been fairly amicable. I really don't want to involve a solicitor if I don't need to as neither of us have spare money to pay for it. But I think I'd like to get this finalised so that I can draw a nice thick line and move on.

zzzLazyDaisy

In that case, my suggestion would be that you get together and write down the bullet points of the agreement - re the house, any savings, any insurances, any other assets of any value, any pensions. Make it clear in each case what the agreement is - even if it is that he gives up any claim he may have to your house and you give up any claim you may have to his pension, and you each give up any claim that you might have to any savings or investments the other might have, or that you agree to split the contents of the joint account number (whatever and close the account), that you each forgoe any right that you have or may have now or in the future to claim maintenance or financial support from each other, and anything else you can think of. If you have debts you should also say that you each take full responsibility for any debts in your sole name and say what you have decided to do about repayment of any joint debts.

Hand it into the court with a covering note asking the court to make a Consent Order to this effect.

Provided you haven't missed anything out, that should draw a line under the financial aspect of the divorce. To be honest, in your shoes, I would definitely want the court to make an Order about the house, to protect yourself from the possibility of him making a claim in years to come.

elliep_2

LazyDaisy: so I can write a list of the agreements, sign it and get him to sign it then ask the court to make it official? that way I don't have to know all the legal jargon myself but I can be certain that it's binding?

zzzLazyDaisy

I am not a matrimonial lawyer, so I can't promise that the court will do this. BUT as you are both unrepresented I cannot see any reason why not. It is possible that a judge might want to see you both before making it official, just to make sure that one of you isn't bullying the other into making an agreement against their will.

Re the house, if you go onto the landregistry website during office hours, you can print of a copy of the title deeds for a small fee (about £5). I would do this, and when you put the address of the house add (registered with HM Land Registry under title number xxx as shown in the copy of the registered title attached - and staple the copy of the title deeds to the agreement that you and he have signed. This is proof that you own the house and did own it before the marriage and just might satisfy a judge that he doesn't need to see you.

PLEASE NOTE though, I am not a divorce lawyer, so I can only say this is what I would do, personally, in your shoes.

elliep_2

Thank you. I will try that and see if it works.

As most of the agreements have already been made and acted upon, will it matter if I can't remember precisely what we did with the joint bank account, only that it's now closed?

zzzLazyDaisy

If the joint account is closed I wouldn't worry about it.

You just really need to make clear, one way or another, that you each agree that you no claim on the other's assets, now or in the future, and that you each take sole responsibility for any debts in your own name, and make it clear what agreement you have reached regarding any debt or asset that might still be held in joint names.