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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Can a get a financial settlement before divorce?

7 replies

Oceandegree · 08/07/2018 19:24

Or do they go hand in hand?
I'm contemplating divorce after 3 years separation. I think h might make it difficult so it may take a long time.
Will I have to wait until the divorce goes through before any settlement takes place?

OP posts:
NorthernSpirit · 14/07/2018 08:31

The financial settlement is done before the final divorce.

MrsBertBibby · 14/07/2018 11:31

You can make a deal with him any time, BUT you cannot commence a financial application in the court until your divorce petition, the Court cannot make an order until you have decree Nisi, and the financial order is not enforceable until decree Absolute is pronounced.

So I should get the Petition moving sooner rather than later.

MrsBertBibby · 14/07/2018 11:31

Oops. "Until your divorce petition is issued".

Lealou79 · 20/07/2018 22:08

Advice needed ASAP please.
H left in Jan 18 and requested for divorce. After months of bullying tactics to remove me from the marital home he finally filed for divorce in May 18. Based on unreasonable behaviour on my behalf. The tedious reasons are beyond a joke.

We have been together for 12 years and married 9. We have 2 DD and I have a DD to a previous relationship. I have been the homemaker after a joint decision that we had not other option as we couldn’t afford childcare to support me in work along with his unsociable shift work. Working eventually self employed I have paid for holidays and renovations of our home including full new bathroom etc. The mortgage is in his name. I have since found out I’m not even on the land registry.
So, I requested that seen as though he wanted a divorce and our decision as a married couple has left me with no name on mortgage, no career or job etc I was requesting 18mth to stay in the marital home until our dd3 who is three goes to full time school and also gives me time to find a stable income and apply for a mortgage of my own. He has agreed to this as I pay the bills why I and our children currently live in the house BUT he is still pushing for the divorce. My concern is that as soon as he gets the divorce he will force me out as I will have no marital rights on the home then. He has gone against his word in many occasions so I’m not doubting that this wouldn’t happen! How do I secure my place in our home until I can afford a mortgage and time to set up a stable job etc to know me and children are safe and secure?
Also note that he is now using bullying tactics saying I will be liable for the cost of the divorce now as I haven’t sent the petition back in the requested time. I haven’t done this due his contradictory behaviour with me last couple of months being intimate and courtship (yes I know I was stupid and naive) I have sent an email to his solicitor to inform them of the reasons why I haven’t. Not yet had reply. I no longer have a solicitor as I cannot afford one.

Please help. I am beside myself. I don’t see why, after giving my life to build a home for our family as a homemaker, I should be left with nothing if he wants a divorce. I don’t have a career pension or mortgage/home so to speak because my life has been my family for last decade!! :-(

Flaminghaggis · 20/07/2018 22:11

You need to speak to a lawyer.

Lealou79 · 20/07/2018 22:24

I cannot afford one. This is why I’m reaching out to threads like theses as I can see solicitors and lawyers are offering advice on other threads similar.

Flaminghaggis · 20/07/2018 22:30

If you start your own thread you’re more likely to get some help rather than tagging on the end of this one. Beware though, you can’t rely on advice from strangers on the internet.

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