Financial settlement for divorce Help

mark5

I think mine ended up about 60/40 to her, 2 children under 10 at the time. It wasn’t specified as a percentage though just I get this, she gets that, she was to remortgage house and pay me x by a certain date etc. ( we settled before final hearing, I regret this now)
I didn’t come out to badly on the split of assets but when you look at who took what into the marriage I did if that makes sense. House prices also shot up between its valuation and me getting my equity from the house too, about 18 months later.

tightauldgit

mark5 said:

I think mine ended up about 60/40 to her, 2 children under 10 at the time. It wasn’t specified as a percentage though just I get this, she gets that, she was to remortgage house and pay me x by a certain date etc. ( we settled before final hearing, I regret this now)
I didn’t come out to badly on the split of assets but when you look at who took what into the marriage I did if that makes sense. House prices also shot up between its valuation and me getting my equity from the house too, about 18 months later.

Unless we are talking huge sums I'm sure this was probably sensible, you never now what you will get at a final hearing and you avoided the stress, got a resolution and moved on. More than worth a few k from my experience

ali137

mark5 said:

I think mine ended up about 60/40 to her, 2 children under 10 at the time. It wasn’t specified as a percentage though just I get this, she gets that, she was to remortgage house and pay me x by a certain date etc. ( we settled before final hearing, I regret this now)
I didn’t come out to badly on the split of assets but when you look at who took what into the marriage I did if that makes sense. House prices also shot up between its valuation and me getting my equity from the house too, about 18 months later.

Thank you.  How many months did it take?

When did you actually receive the final order (decree absolute) paper?

She has put a block on me receiving the final order paper until finances have been dealt with and now she does not want to do anything. 

ali137

Checked this morning if she made any application for financial remedy they said "No".

I have now submitted Form A to court, lets see what happens now. 

ali137

I am confused now. 

Her solicitor in February put a D11 stay (block) on me getting the final order paper (decree absolute) until finances are sorted, judge made decision in April about this. Everytime i called divorce department, they said they cannot tell me the decision of the judge as it does not show on their system , it will be typed up and sent to me via email. 

I now read online that the no fault divorce is completely separate to the financial order (someone cannot stop a person getting final order, previously known as decree absolute), my ex does not want the divorce to go through so she is doing everything she can to block it. 

Does that mean no matter what i will get the final order paper (decree absolute) ? I am very confused. 

I read online of different cases prior to no fault divorce, people have blocked the other person  getting decree absolute  until finances are sorted and judge approved the block.

tightauldgit

Was your initial application made under the old system? Presumably this plays out using the old rules. If a judge has made an order then it will apply until they rescind it. Were you not present at the hearing where it was decided?

ali137

tightauldgit said:

Was your initial application made under the old system? Presumably this plays out using the old rules. If a judge has made an order then it will apply until they rescind it. Were you not present at the hearing where it was decided?

I applied for no fault divorce (the new one) her solicitor put a D11 block on me getting final order. 

mark5

I do think you need a solicitor, divorce is stressful enough without trying to navigate the legal side of it. 

tightauldgit

ali137 said:

tightauldgit said:

Was your initial application made under the old system? Presumably this plays out using the old rules. If a judge has made an order then it will apply until they rescind it. Were you not present at the hearing where it was decided?

I applied for no fault divorce (the new one) her solicitor put a D11 block on me getting final order. 

Solicitors can't put a block on anything, only judges can do that. Were you present at the hearing when it happened or did it just happen via post?

If the finances are the hold up then get the finances sorted and then get the final order. Unless you are looking to remarry then not getting the final order probably isn't the end of the world and the finances are probably a bigger priority anyway. 

ali137

tightauldgit said:

ali137 said:

tightauldgit said:

Was your initial application made under the old system? Presumably this plays out using the old rules. If a judge has made an order then it will apply until they rescind it. Were you not present at the hearing where it was decided?

I applied for no fault divorce (the new one) her solicitor put a D11 block on me getting final order. 

Solicitors can't put a block on anything, only judges can do that. Were you present at the hearing when it happened or did it just happen via post?

If the finances are the hold up then get the finances sorted and then get the final order. Unless you are looking to remarry then not getting the final order probably isn't the end of the world and the finances are probably a bigger priority anyway. 

No hearing as taken place. 

Her solicitor put a D11 stay on divorce final order coming out until finances are sorted. Awaiting what judge has decided. 

I read now that the no fault divorce is separate to finances so i don't know whether judge will give me the go ahed to apply for final order paper. 

I told the court staff what was the point to no fault divorce when someone can block another person getting final order paper, they said they dont know.