How do I get a financial order?(4 Posts)
Daffodil72 Mon 05-Oct-20 18:44:16
Daffodil72 Mon 05-Oct-20 18:44:49
YellowHighlighterPen Mon 05-Oct-20 18:49:54
FrustratedC0ffeeDrinker Mon 05-Oct-20 19:42:15
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I think I am going to start the ball rolling to end my 22 year marriage as I have been unhappy for years and it is dead in the water. I am planning on renting a flat/small house and telling him to sell the family home (fully paid for) so we can both buy new properties.
We both work FT but I am the bigger earner. I am hoping we can do this amicably but how do I make sure he won't have a claim on my pension/salary/future property? I was PT for ten years so his pension is probably worth more than mine and he has just inherited money from his parents (that I don't want). I just want my freedom back.
I was planning on doing the DIY divorce.
What do I need to do to cover my back?
You'll have an equal claim on your property with some adjustment depending on the age and residence of your kids.
You'll both need to get your pensions valued and even them out.
Some people do a deal and take more of 1 asset than the other.
You would need to apply to the Court for a financial consent order (Form A I think). You cannot apply for this until you have your Decree Nisi, and you should obtain the Order prior to applying for the Absolute. The consent Order should be drawn-up by a solicitor and will have to be sealed by the Court. The Court will want to see that both parties have sought legal advice to ensure the Order is fair, as the judge could refuse to issue the Order.
This would be the procedure to follow if you both agree on the contents of the Order. If not, then you may have to go to mediation to resolve the issue, and if this does not work then you would have to apply to the Court for a financial decision from a judge.
Hope this helps.
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