Financial settlement for divorce Help

tightauldgit

https://forums.moneysavingexpert.com/discussion/comment/80026542#Comment_80026542

I'm totally confused. As I said solicitors can't put a stay on anything. They can apply for one but until a judge decides it then there is no stay. If you say the judge hasn't yet decided then there is no stay.

TBagpuss

https://forums.moneysavingexpert.com/discussion/comment/80026542#Comment_80026542

The point of a no fault divorce is that neither of you has to throw dirt at the other orrgue about whose fault it was the marraige broek up.

delaying the decree absolue until finacial issues ae sorted asi totally normal - usually the person who started to the divorce will agree to this so there is no need for an application or order. IT protects both of you, as until the divorce is final, becasue you are still married, you can still recieve things like survivor's benefits frm the other's pension if they were to die before the divorce was final. It's most importnat where there are pensions and obviously more importnat for the weaker finacial party, but it is entirely normal.

Ehile I appreciate that paying lawyers is expensive, i would uggest that it would make sense for you to pay for at least some advice so you have a clearer idea of the process and your options.

tightauldgit

https://forums.moneysavingexpert.com/discussion/comment/80026996#Comment_80026996

All true but given that there are apparently almost no grounds to contest a no-fault divorce I do wonder if the old practice of asking for a stay on the decree absolute is still valid.

ali137

https://forums.moneysavingexpert.com/discussion/comment/80026996#Comment_80026996

No fault divorce is based on that someone can't contest the divorce (unless exceptional circumstances),

https://forums.moneysavingexpert.com/discussion/comment/80027282#Comment_80027282

i read previous cases before the introduction of fault divorce, someone put a stay on divorce until finances are sorted and judge agreed.

I read somewhere on a solicitor website the no fault divorce is completely separate to financial application. In this case not sure what decision the judge will make on my case regarding the stay her solicitor put for me not to get final order paper until finances are sorted.

I feel like someone has that power to block the other party getting the final order paper, if the judge does agree with her solicitor on the stay, what is the point of a no fault divorce. My ex does not want the divorce, she is doing everything she can so I don't get the final order paper

ali137

Thank you to all for replying

ali137

No fault divorce is pointless, ex wife to be never wanted divorce and wants to drag it out so i don’t receive final order paper, and her putting the D11 stay (block) on divorce in February 2023 until finances are sorted. Judge approved this block this month, pure stupidity. I thought the no fault divorce was Seperate to finances. What was the point to no fault divorce? I am so annoyed, divorce department said i can appeal. I dont mind dealing with finances but i want the final order paper. 

Sorry about the moan, just fed up nearly 10 months of this crap, she did not want divorce in first place and now will drag it out. 

If it goes to court, she will get lump sum and loose her universal credit, housing benefit, council tax benefits, free travel…everything for free she is getting. She was made aware of this at financial mediation last month, so she does not want to do anything, i am fed up

Savvy_Sue

It's unusual (and unwise) for the divorce to be finalised before the finance has been agreed. 

ali137

Savvy_Sue said:

It's unusual (and unwise) for the divorce to be finalised before the finance has been agreed. 

I understand this, but I thought the no fault divorce was separate to finances. Its like the other party (if they dont want divorce) can just put a D11 block on the divorce until finances sorted, which is stupid. The whole point of no fault divorce is someone was unable to have that power to block a final order paper coming out. My ex is trying to drag this out, she does not care about finances because she knows she will loose universal credit, all she wants is for me not get that final order and block me from moving on in life. 

tightauldgit

Savvy_Sue said:

It's unusual (and unwise) for the divorce to be finalised before the finance has been agreed. 

Mine was. They're supposed to be two entirely separate processes. And any kids a third.

I'm not quite sure why the OP is so desperate to be divorced though - unless they want to remarry there's no real benefit.

tightauldgit

ali137 said:

Savvy_Sue said:

It's unusual (and unwise) for the divorce to be finalised before the finance has been agreed. 

I understand this, but I thought the no fault divorce was separate to finances. Its like the other party (if they dont want divorce) can just put a D11 block on the divorce until finances sorted, which is stupid. The whole point of no fault divorce is someone was unable to have that power to block a final order paper coming out. My ex is trying to drag this out, she does not care about finances because she knows she will loose universal credit, all she wants is for me not get that final order and block me from moving on in life. 

The point of no fault divorce was to stop the need to provide one of a shortlist of reasons and 'justify' your divorce. 

In any case, there's nothing stopping you moving on in life just because you dont have a piece of paper saying 'officially divorced' and the finances are far more of a headache than the divorce process anyway.

Your ex can't drag out the financial process any more than you allow them to. Have you made the application for a financial order? Do you have a hearing date? Have you exchanged Form Es? etc