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Divorce and finances

(3 Posts)
cleoismycat Tue 18-Mar-14 10:37:16

My DP has a deed of separation with his exw which sorted the finances when they separated. They have the decree nisi but she will not apply for the absolute until he agrees to give her more money and change the deed of separation to a financial order to do this. She already receives more maintenance than the minimum plus extras and has restricted access to his children for over a year and he has only just managed to get a contact order for this. My question is, if he applies for the absolute and it goes to court for hearing because of the finances � can he ask her to cover the costs? No personal judgement please, my dp has suffered considerably for over a year as his exw wants to make the divorce as bitter as possible and wants him to pay for everything including �family care� � as in when she asks her mum to look after the children when she is out. The only reason she will not agree to a reasonable financial order is to delay the process further.

cleoismycat Wed 19-Mar-14 08:35:02

No one? Am I on wrong place?

JaneinReading Wed 19-Mar-14 18:28:07

The deed of separation finances are not final. Only the court or the couple by agreement can finalise this.

if it goes to court I think both sides pay their own solicitors although I paid my husband's as I had more money than he did, as part of the deal and we only had joint accounts anyway.

have you looked at what the possible financial order might be? Eg which of them earns more? Is there a marital home and what equity and other savings is there after all debts deducted?

Contact issues are not relevant usually.

Could he afford a clean break - big pay off to her with no future maintenance to her (although he would still pay for the children)? We did that which means neither can claim maintenance against the other.

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