Abusive ex is refusing clean break order for divorce. Anyone well educated on divorce with advice at all?

[userzH]

I'm getting legal aid and have no money to fight this.

Ex is an awful nasty human being.

He is refusing to do a clean break order. Refusing to hand over any documents my solicitor has asked for.

My solicitor is great however they are extremely slow at replying to my emails.

Can anyone advise what I can do about this? Would legal aid cover me to take it further?

Ask your solicitor to get your case sent to the courts. A judge would be able to make your husband hand everything over. Then when your dividing assets the judge can make sure its a fair split.

Thank you. I just don't know about the costs of this though. I can't afford to do that - I read somewhere that it could cost me £4000 in order to do this

If your legal aid you will get the whole bill paid for. If you have any assets like house, money in the bank etc they will bill you. Do you have any assets?

I guess the question is why you want the clean break? I've never gotten one but I also know financially the other party is deffo going to be better off. Once he remarries as well I believe it stops him being able to claim your funds? I didn't even know it was a thing as I divorced online the first time and will likely do the same the second time! x

No mortgage thankfully. The only assets I suppose you could class is the car which he is trying to either take off me or make me pay for.

So he is a terrible gambling addict. Up to his eyeballs in debt.

I am good with money. Once my parents pass away, I will receive some inheritance. I don't want him to be able to have any rights to this money when the time comes. Even my parents are worried about it. I know 100% it is something he would do as he is so spiteful.

Your divorce shouldn't be considered complete until you have a financial order - how would you feel about an ex coming after any future inheritance or windfall?

Exactly. My solicitor said we are to do this at the same time. My ex husband only wants to get divorced. He isn't interested in the financial side of things.

I cannot speak to him as he is so very abusive - irs very difficult

As you have no assets then legal aid will pay your full bill. Just ask it gets sent to court snd the judge will make him hand everything needed over.

In my (somewhat dated, but also assisted by Legal Aid), it was possible to do the divorce right through to Decree Absolute without ANY of the Financial Matters being resolved. This was very detrimental to me. (I wish I had had a better Solicitor.) My husband lied through his teeth on the Form E, including about remarrying.
As I understand it (again, dated), the LA costs will come out of a settlement, should there be one, but at a lower hourly rate.
Keep your eye on things as much as you can, is my advice.

Does no mortgage mean that you’re renting, or that you own a house outright?

If he’s up to his eyeballs in debt and have no assets (so sounds like renting?) then what paperwork do you want from him? I would speak to my solicitor about pressing on with a Consent Order that proposes all his debts stay with him, and zero assets to split. If there are only debts, you don’t need to have paperwork for everything. That CO proposal might kick him into action.

But what about pensions - do neither of you have those?

My house is mine through a housing association all in my name.

He is down at living at his mums house however he stays with his girlfriend.

A clean break is the advice I've been given from my solicitor .

I need to be free of 2 things;

1. None of his debt is in my name or listed at my address however I don't want any of that to fall on to me.

1. When my parents pass, I don't want him to be able to claim for any of my inheritance at all which is understand he could do without any financial agreement set in place.

My solicitor had asked him to send them 12 months of bank statements. I have already done the same. They then gather what they need to and send it to court.

I knew he would refuse before they even asked him.

And what about each of your pensions?

We both have pensions with not much in them at all. He's now self employed and I am a carer of my disabled son so neither of us actively pay into a pension.

Probably around 4k in each one. He only has 1 as far as I'm aware

Ah yeah I would want a financial break too. I'm only worth something dead and not expecting any inheritance! Ha x

Yeah it's so frustrating! Can't believe I married such a dickhead 🤦🏻‍♀️

If he has no assets (or equal to you, eg pension) then I can't see why your solicitor can't send off the paperwork for a clean break. You would only need to sign a legal paper to say you fully understand that once it is granted you can't go back and claim more, eg you find out a secret million pound investment three months later.

Who signed the paperwork for the car? If he is the legal owner then let it go, find a cheap runaround.

The car is all in my name - the receipts and everything. He got a sole loan out for it but it went into the joint bank account.

I'm just waiting to see what he actually wants in terms of the car.

He has 2 other vehicles. He is on 1k a week. He's very very abusive.

I'm a mum of 3 (2 with additional needs - his son included) and he wants to take my car away and leave me with absolutely nothing.

Have you actually issued a form A to start financial proceedings through court? Once it is in motion, he will eventually have to produce paperwork.
I doubt you would get legal aid but it is possible to do this yourself- I did .

Op I would put this on a court schedule by applying for financial remedy. He will then have to give full financial disclosure going back 12 months and can seek a clean break order. You need to have a MIAM from a mediator to say mediation is not suitable (I think you can skip this if you are claiming LA because of abuse) then submit Form A -

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachmentdata/file/1188090/FormmA0722.pdf

Then you're on the treadmill and court will prompt you to say what you need to provide by when and will also communicate with your ex. You can litigate in person or if you have LA get them to assist you.

Would you mind asking how much it cost you?

A while back now, I think the court fee was about £250.
I then used a solicitor for advice as and when, fmdid the paperwork myself to keep the costs right down.

The car is all in my name - the receipts and everything. He got a sole loan out for it but it went into the joint bank account.

It doesn't matter whose name it is in, it's who is paying for it on legal documents. Since he got the loan then it is his. If you stopped paying for it, it would be him the debt collectors would chase. I would let it go and find a cheap runaround for now. It's one less thing he can beat you with.

The advice I'm getting is so conflicting so thank you for sharing this.

The loan is solely in his name.
The loan money was put into our joint bank account. I have removed myself off this bank account.
The receipts for the car - as in who paid for it is all in my name but I'm guessing that doesn't matter.

The loan was taken over 4 years. He has since extended this loan - since I removed myself off the joint bank account .

There is 6 months left to pay. I could offer to pay the remaining 6 months?

It's so frustrating as he has 2 cars of his own. He pays absolutely no maintenance either. He's refusing to pay anything.