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  • FIRST POST
    • Lodnod
    • By Lodnod 11th Sep 19, 12:55 PM
    • 2Posts
    • 1Thanks
    Lodnod
    Divorce/financial order/ex overseas
    • #1
    • 11th Sep 19, 12:55 PM
    Divorce/financial order/ex overseas 11th Sep 19 at 12:55 PM
    Iím divorcing my husband who lives in Indonesia where heís originally from. He left 7 years ago, doesnít contribute financially, and hasnít seen our kids once in that time. We were out of contact for a while but I finally found him and sent divorce papers. It took months to get him to sign them.

    Iíve just spoken to my solicitor and to get a financial order in place heíd have to fill out a form and sign it. Itís highly unlikely that heíd bother even doing it. If we donít have one in place then he could make a claim against me at any point. I am pretty sure that heís not aware of this as I wasnít aware of it until my solicitor told me.

    Could he make a claim against me from Indonesia? I know heíd have trouble getting to the uk as his right to remain has expired and he wouldnít get a visitorís visa as heíd have to prove he has a job and funds which Iím pretty sure he hasnít.

    If I try to get him to sign the order then it might alert him to the fact that he could make a claim. Itís also worth pointing out that I donít have much either. I rent and have a small savings account and pension but of course that may change.

    Any advice would be appreciated!
Page 1
    • pphillips
    • By pphillips 11th Sep 19, 1:51 PM
    • 598 Posts
    • 408 Thanks
    pphillips
    • #2
    • 11th Sep 19, 1:51 PM
    • #2
    • 11th Sep 19, 1:51 PM
    He could claim against you from Indonesia but he would either need to attend or have a solicitor acting for him in the UK.

    I don't think it's correct to say that if he doesn't fill out the form, the court is prevented from making a financial order - although it will certainly make that task much more difficult.

    Perhaps your solicitor could draw up a consent order for him to sign?
    • Voyager2002
    • By Voyager2002 11th Sep 19, 2:21 PM
    • 13,302 Posts
    • 9,165 Thanks
    Voyager2002
    • #3
    • 11th Sep 19, 2:21 PM
    • #3
    • 11th Sep 19, 2:21 PM
    Personally I would not bother: I tend to agree with you that it is unlikely that he would know that it was possible for him to make a claim, and if you were to become rich in the next few years he is not going to know that. While he is in Indonesia he will not have access to legal advice relating to English/Scottish law. And while it would be possible for him to engage a solicitor to represent him in any proceedings, and/or 'attend' court by means of video-conferencing from a suitable British embassy, his behaviour over the last seven years is not going to impress the court.
    • Markneath
    • By Markneath 11th Sep 19, 8:39 PM
    • 12 Posts
    • 11 Thanks
    Markneath
    • #4
    • 11th Sep 19, 8:39 PM
    • #4
    • 11th Sep 19, 8:39 PM
    Im guessing he doesn’t have a great deal of money in British terms?

    The cost of getting you to court to get a share of anything you may have would probably make it impossible for him.

    My ex wife was difficult during my divorce and for some reason wanted to get the financial side to court although she settled at the 11th hour in the end.
    My legal bill come to close to five figures and I'm guessing hers was probably higher again.
    He would need a few thousand pounds to get you as far as court and would probably need to attend to have any chance of getting anything.
    A decent Barrister might cost him 1000 for a day in court alone and it takes a few hearings.

    Good luck with your future. ��
    • Lodnod
    • By Lodnod 12th Sep 19, 9:18 AM
    • 2 Posts
    • 1 Thanks
    Lodnod
    • #5
    • 12th Sep 19, 9:18 AM
    • #5
    • 12th Sep 19, 9:18 AM
    Thank you everyone for your brilliant replies. I felt like my solicitor wouldn’t give me impartial advice because it’s a fixed fee service. I’m very impressed by the knowledgable responses from you all. I have decided not to pursue the financial order. I think the risks are very small and in any case it’s probably a non starter due to his apathy and lack of interest.

    Thanks again ����
    • TBagpuss
    • By TBagpuss 13th Sep 19, 1:17 PM
    • 7,549 Posts
    • 9,823 Thanks
    TBagpuss
    • #6
    • 13th Sep 19, 1:17 PM
    • #6
    • 13th Sep 19, 1:17 PM
    If you cange your mind, you could apply for an order - the court would have to consider what was fiar and reasonabke which might include you submitting information about your finances and whetever you know anbout his, then giving the court the order you want nd asking them to approve it.

    The court can issue a 'notice to show cause' which effectively says to him that they will make an order in specifc terms unless he 'shows cause' (i.e. gives reasons) why they should not do so.

    That said, that is likelyto be time sonsuming and therfore potentially expensive, so if you think the risk of his coming back and making a cliam is low, it may be a risk worth taking.

    It probably wouldn't do any harm for you to send (and kep a copy of) a letter to him saying that your understanding is that you have sorted out eveything that neds sorting and that you don't expect him to seek anything further from you, or you from him.

    It would not be binding, but it might be useful if he were to later make a claim. Keep records and evidence of what your curentfincial position is, too, so you can, if you ned to, work out what was built up during the marraige and what came afterwards.
    You are not likely to need it, given what you say, but it can't hurt to have it in case!
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