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Do you have to do financial settlement to finish divorce?

(4 Posts)
pickgo Fri 09-Sep-11 12:09:24

I got my decree nisi in March. X won't do a financial disclosure for a financial settlement. Sol advising we have to go to court and (on l a) as first step need to go back to do initial interview with mediator.
Last time the mediator said my case wasn't suitable due to DV. I expect he'll say the same this time. But I'm wondering if I should do it because of the court costs? Really don't want to. But I think I'll only get a share of his pension for the time we were married.
I'm thinking of just walking away from whole thing. I just don't want any contact of any sort with him.
Can I still get a decree absolute?

Thank you for any replies. I'd really like to know what my options are for peace of mind.

mumblechum1 Fri 09-Sep-11 14:27:31

The main reason that we advise clients not to apply for DA until after the finances are settled is to do with pensions and widows' benefits. If your husband dies before decree absolute, you are likely to receive a widows pension/a lump sum notwithstanding that you are separated. The same applies to other assets such as joint life policies and of course the house unless you have severed the joint tenancy.

This of course works both ways.

If you insist on applying for the DA I'm sure your solicitor will follow your instructions, but I think the advice you've received is sound.

pickgo Fri 09-Sep-11 15:56:33

Thank you Mumblechum, it makes me feel better to know I've got the choice to just forget the whole thing and go straight to DA if it gets too upsetting.

We each have our own houses (bought before marriage), so my sol advised I'd probably only get a share of his pension. I expect this will just amount to enough to pay for the cost of going to court... so it's not worth putting myself through all the emotional distress. I know for a fact that he has made a will in favour of his DS.

mumblechum1 Fri 09-Sep-11 17:31:38

Ok, if there are no joint assets other than his pension it may end up just being a matter of agreeing a consent order that you won't claim anything from one another, but ob. your solicitor knows your finances and will be best placed to advise properly, particularly if you earn less than him and therefore may be entitled to spousal mtce.

The DA is just a bit of paper; it doesn't make the financial negotiations or any arguments over children any easier, unfortunately, but I know you may feel better emotionally just knowing that you've cut that tie.

I'd still listen to your solicitor if I were you, though, their job is to get the best possible deal for you.

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