Financial settlement for divorce Help

ali137

tightauldgit said:

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

 I will have to send in Form A to court soon for financial because she wont do it due to her knowing from mediation she will loose universal credit. 

Apparently divorce staff on phone said i can appeal the D11 stay that the judge approved l, i am waiting for that email.

ali137

tightauldgit said:

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.

Was your one a no fault divorce?, did you ex block you from getting your final divorce paper?

tightauldgit

ali137 said:

tightauldgit said:

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.

Was your one a no fault divorce?, did you ex block you from getting your final divorce paper?

No, mine was before no-fault divorce came in. I simply filed the paperwork for the divorce and ex didn't object so we were divorced within a year even though the finances took about 3 years to resolve in the end. Probably would have been quicker but my documents got lost in the post twice. Probably my fault though think I underpaid postage on them as I just stuck a second class stamp on them. 

I have to admit I'm slightly confused by your case, not least of all because you say you are in a hurry to resolve the matter but you started this thread a month ago and still haven't submitted the paperwork to the court to start the financial process even though you know your ex won't do it. 

Whether or not you get the stay removed you will still need to resolve the financials at some point so there's absolutely no point in waiting any further.  

ali137

Thank you for replying. Omg 3 years. 

I will not appeal judge’s decision anymore,  got advice from solicitor, they said i will get rejected to lift D11 stay judge agreed to until finances sorted. i am waiting for official email to come through where judge agreed with D11 stay, after this time I will  submit Form A to court this month, this is already dragging on….

tightauldgit

ali137 said:

Thank you for replying. Omg 3 years. 

I will not appeal judge’s decision anymore,  got advice from solicitor, they said i will get rejected to lift D11 stay judge agreed to until finances sorted. i am waiting for official email to come through where judge agreed with D11 stay, after this time I will  submit Form A to court this month, this is already dragging on….

Why are you waiting for the stay to file your form A? There's absolutely no reason to. You've already wasted a month whilst complaining that things are dragging on. Things will drag on until someone takes action to resolve them. You say your ex won't so the only person that can help you is you. 

The reason mine took 3 years is because I wasted a long time trying to negotiate with the other party and their solicitors instead of just filing for a financial order. 

ali137

tightauldgit said:

ali137 said:

Thank you for replying. Omg 3 years. 

I will not appeal judge’s decision anymore,  got advice from solicitor, they said i will get rejected to lift D11 stay judge agreed to until finances sorted. i am waiting for official email to come through where judge agreed with D11 stay, after this time I will  submit Form A to court this month, this is already dragging on….

Why are you waiting for the stay to file your form A? There's absolutely no reason to. You've already wasted a month whilst complaining that things are dragging on. Things will drag on until someone takes action to resolve them. You say your ex won't so the only person that can help you is you. 

The reason mine took 3 years is because I wasted a long time trying to negotiate with the other party and their solicitors instead of just filing for a financial order. 

You are right, i need to move my backside, i will have to, she wont, she is just not playing ball. 

Thank you, i will submit it. 

ali137

Finally started the process, got a court date in September. I will represent my own self, seems complicated, i have started to fill in Form E,

Has anyone on this forum represented themselves for financial order, it’s saying about bundle, i am trying to read up on it, looks complicated 

tightauldgit

ali137 said:

Finally started the process, got a court date in September. I will represent my own self, seems complicated, i have started to fill in Form E,

Has anyone on this forum represented themselves for financial order, it’s saying about bundle, i am trying to read up on it, looks complicated 

I represented myself for some of it. It's not that complicated the bundle is just the pack of documents that need to be produced. Basically if you go through the Form E it tells you everything you need to do - so for example you need to submit every bank account that you have with 12 months of historical statements, same for credit cards, same for mortgage etc etc

ali137

tightauldgit said:

ali137 said:

Finally started the process, got a court date in September. I will represent my own self, seems complicated, i have started to fill in Form E,

Has anyone on this forum represented themselves for financial order, it’s saying about bundle, i am trying to read up on it, looks complicated 

I represented myself for some of it. It's not that complicated the bundle is just the pack of documents that need to be produced. Basically if you go through the Form E it tells you everything you need to do - so for example you need to submit every bank account that you have with 12 months of historical statements, same for credit cards, same for mortgage etc etc

I have read up that i have to produce form e, statement of issues, chronology, form g, questionnaire. I have seen examples of these. 

What i am confused about is the below extract from form C below I received from the court. Problem is i tried to contact her solicitor after mediation broke down via email , in person in April to resolve this matter, but the solicitor does not contact me. So no i dont even no if my ex wife to be has a solicitor or not so i gave my wife home address on form a. I understand that if she has a solicitor then her solicitor does the online portal bundle, i am a litigate in person, i dont know if the wife is a litigate in person or if she will use the legal aid solicitor. Is there any examples of creating a court bundle, because I might have to produce it. 

5: by no later then 2 working days before the first appointment the parties must file at court a bundle indexed with hyperlinks. If no party is represented the bundle must be sent by post to the addess identified in correspondence sent to them upon issue by no later than 7 days before the 7 days. 

TBagpuss

Which part confuses you?

If your wife does instruct solicitors to deal with the finances then her solicitor will have to do the bundle and to 'e-file' it (i.e. submit a PDF version)

IF she doesn't, then you do a hardcopy paper bundle and send it to the court as a physical bundle in a lever arch file. You need to keep an identical copy for yourself and send a copy of the index to your ex so she can make her onw physical copy.