Financial order?

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Pinky85
Pinky85 Posts: 29 Forumite
in Marriage, relationships & families
Good afternoon,
So my OH is in the final stages of his divorce (just got to wait 6 weeks before sending off the absolute).
We are both on a joint benefit claim and live in council flat. He doesn’t have any assets or a penny to his name, just the benefit we receive. Him and his soon to be ex wife have a joint debt of £34,000 which she is paying into an IVA at the moment but his failed due to him having to leave his job due to ill health, we are currently dealing with his creditors over this.
During the divorce papers (she has a solicitor and we have done it ourselves as we can’t afford one) in one of the sections she answered ‘yes’ to something about a financial order.
What is this?
He already gives her child maintenance for there 2 children.... so what else could she be going for?
She has a really good well paying job. He has nothing but deteriorating health.
Please help, regards
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  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Honestly no idea without context.
  • Pinky85
    Pinky85 Posts: 29 Forumite
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    Well the form asked if she would be going for a financial order and she wrote yes ?
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Pinky85 wrote: »
    Well the form asked if she would be going for a financial order and she wrote yes ?
    That's fine. A financial order can be zero
  • Broadyx
    Broadyx Posts: 89 Forumite
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    Probably just making whatever agreements they have come to legally binding to ensure all parties are bound to uphold their end of the bargain, I would imagine.
    Doesn't necessarily mean she is going for anything extra.
  • Pinky85
    Pinky85 Posts: 29 Forumite
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    Really? Because I was worried incase she went for a spousal maintenance or something/ she earns way more than my OH so surely they wouldn’t grant it her anyway?
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Pinky85 wrote: »
    Really? Because I was worried incase she went for a spousal maintenance or something/ she earns way more than my OH so surely they wouldn’t grant it her anyway?



    Why doesn't he go for it?
  • Pinky85
    Pinky85 Posts: 29 Forumite
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    I have said this to him but I know he won’t
  • Ozzuk
    Ozzuk Posts: 1,884 Forumite
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    It is a means of ensuring final finance position is agreed, so could take into account pensions (his and hers) savings, debt - anything they had as a couple. It is better to agree this between the ex-partners, I believe it is then ratified by court when finalising divorce. Court usual follows whatever agreement you come up with, it can be rejected if they don't think its fair.

    So could be as simple as stating all finances have been separated, there are no claims on pension or assets (assuming you want that).
  • Pinky85
    Pinky85 Posts: 29 Forumite
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    Well there are no assets or house etc so that’s good.
    He did have a pension but it’s not being payed into now he’s had to leave his job due to ill health.
    And they have a debt of £34,000 which she’s lying an IVA and his failed due to having to leave his job. We are currently in talks with his creditors about a payment scheme at the moment.
  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
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    It is normal to tick that box, because it leaves open the option to make a financial claim . If it is just on the divorce petition it may well be that she won't actually apply for a financial order.
    Your partner could propose that there is a clean break order so that she cannot claim against him, or he against her, if wither of their financial positions improve in the future.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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