financial order or agreement

tightauldgit

separatedinsamehome said:

yeah, been asking around and getting quotes of thousands! I just can't afford that

Did you make it clear to them you literally just want someone to draft the order? Your ex-wife should really get legal advice too. 

Sarahspangles

separatedinsamehome said:

Hi all,

So i have recently divorced from my wife, she has remarried. 

What we agreed in principal was that I would try and get additional borrowing on the house to be able to give her as a lump sum to help set up, rather than her going after the house and possibly forcing a sale.

As she has remarried then presumably you are divorced!  Was an an application for a consent order made at the time of the divorce?  These don’t have to be finalised straight away, although I know I was advised not to apply for the decree absolute until mine was agreed.  The consent order is the process where she would ‘go after the house’.

https://www.slatergordon.co.uk/newsroom/the-risks-of-remarriage-following-divorce/

If you intend to stand by your agreement in principle then consider a Resolution solicitor to finalise a consent agreement, as this should help to minimise spend.

Scorpio33

If she has remarried, then she can't claim on your finances at all, but you can claim on hers, assuming you have yet to remarry.

TBagpuss

Scorpio33 said:

If she has remarried, then she can't claim on your finances at all, but you can claim on hers, assuming you have yet to remarry.

This is not quite accurate. She can't *issue court proceedings* to claim ,unless she had previously indicated an intention to do so, in the divorce petition. However, if an application is made by the OP then the court must still make an order which is fair to both of them so will take into account her claims as well as his.

separatedinsamehome

So what happens if the judge thinks its not fair? Even if we have mutually agreed?

I am finding this whole thing so stressful and ending up ill over it, need this to be over

Scorpio33

separatedinsamehome said:

So what happens if the judge thinks its not fair? Even if we have mutually agreed?

I am finding this whole thing so stressful and ending up ill over it, need this to be over

They will generally say why they think it is not fair and give you reasons for you both to go away and put in a new agreement. Generally they are approved, but it depends on the agreement and the judge. 

separatedinsamehome

thank you, wish i could go into all the details but not sure how helpful  it will be, the jist of it is that between us we have agreed that the family home should not be sold as it will change the lifestyle of the kids, also we want it to be left to the kids, so I have asked my lender for the maximum I can add as additional borrowing to give to her a large amount to put a deposit down for a new place for her and her new husband, also giving her the family car. The kids will be living with me in the family home, I havent nor do i have any plans to remarry. I am getting to the point where i need to speak to the GP about counselling as the anxiety is getting really bad and starting to manifest physically (uncontrollable coughing etc)

TBagpuss

separatedinsamehome said:

So what happens if the judge thinks its not fair? Even if we have mutually agreed?

I am finding this whole thing so stressful and ending up ill over it, need this to be over

They ask for more information - they can either approve the order, or decline to do so and ask for further details. Sometimes they may list the case for short hearing to speak to you in person to double check that both parties are happy with the terms and no-one is being coerced, especially if you don't have a solicitor. 

The D81 has sections where you can explain the reasoning , nd if you care finding it stressful then you may find it helpful to have a solicitor who can manage the paperwork for you and will be able to advise about how to frame it to increase the chances of the Judge accepting it as fair from the outset.