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Financial order help

(6 Posts)
GettingScaredNow Thu 09-Feb-17 19:53:45

I have my decree Nisi. I need to get a financial order in place.

Stbxh is a total bell end. He is simply refusing to sign one. No reason. Just says he won't sign. He agrees and can see why I want the consent order but he won't sign it.

We have no assets, no property, no savings or pensions.
Just a car each.

All I've asked is that we go our separate ways and relinquish all financial ties to each other.

I don't qualify for legal aid (although I don't know if he knows this) and I recently sent him a letter saying if he forced this into court I would request that he pay the costs as I can't ask for anything less then what I'm asking for (i.e. Clean break)

What do I do now? How do I go about taking this to court to have the consent order court ordered?

TIA

ColdFeetinWinter Thu 09-Feb-17 19:58:47

I can't offer much advice but a consent order is exactly that I.e. Done with consent. If he won't then you can't have a consent order.

You will have to look at the alternatives which will be another financial order but probably costlier. No reason why you can't start the process yourself however.

Allthebestnamesareused Thu 09-Feb-17 19:59:22

See if you can find a solicitor to give you an hour's free advice.

In the situation where you both have pretty much nothing and you're not making a claim they'll probably be able to guide you through the forms you need to fill in and if stbxh does not agree the court would most likely order costs against him as there really is no need for this to go to court.

You can put it in writing stating that if he won't agree to a consent order in the terms you suggest then if it has to go to court you will be seeking all costs from him if this is the order the court eventually makes.

GettingScaredNow Thu 09-Feb-17 20:05:09

Essentially that's what I put in my letter. That I posted signed for so I know he has got it.

Apologies, in my last statement I meant financial order. I realise the court ant order a 'consent' order. But they can draw up some sort of financial order.
All I want is to be financially dependent. I don't want him able to make any futures claims against me for any income/inheritance etc I may receive.
And he knows this. Which is the reason he won't sign.

It does confuse me though as his new girlfriend and daughter just moved in (of daughter is his then that would prove he cheated so he won't state one way or the other if the child is his or not) so I thought he would jump at the chance to speed up the divorce!!

Fidelia Thu 09-Feb-17 21:06:06

If you don't have any other assets (no pensions?) then why not apply to the court yourself and self represent. It won't cost much and should be simple if you have no assets other than your cars.

GettingScaredNow Thu 09-Feb-17 21:08:57

That's what I'm going to have to do now.
I am worried he has been running up debts. So I do need to seek legal advice.

It just pisses me off. It's such a simple thing. I couldn't ask for anything less so I don't see his reason for saying no.
Other then control and delaying the divorce.
Can't wait to be rid of him.

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