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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.

How can I persuade Stbxh not to file for decree absolute without consent order

12 replies

twentytwentyvision · 16/08/2020 21:01

Can anyone help?
Stbxh is talking about going ahead and filing for the decree absolute, without sorting out the finances.
That suits him, but not me, because he was a cocklodger who has been trying his luck to get money out of me.
Can anyone tell me if I can stop him from doing that and what I can say to dissuade him?
Thank you

OP posts:
trinity0097 · 16/08/2020 21:05

I filed for mine without the consent order sorted. It doesn’t have to happen together.

changemynamefornow · 16/08/2020 21:09

Sorry not helpful but I’m Interested in the answer to this too

iloverock · 16/08/2020 21:10

Make an application to
Court to prevent him and at same time issue application for financial relief.

twentytwentyvision · 16/08/2020 21:28

@iloverock do you have any idea on what grounds I can apply to stop it?

OP posts:
LittleHelpFromMySplitEnds · 18/08/2020 02:42

Are there pensions needing to be transferred/dealt with? If so, this would be a reason for the DA not to proceed.

silentpool · 18/08/2020 07:05

I've just filed a Form A with the court, which is an application for a financial order to be made. This is because my ex-spouse is refusing to cooperate with a consent order. The court will then make both of you fill out Form E, which is a breakdown of your finances. Either you then agree (=consent order) or the court will decide the outcome.

I would not allow the Absolute to be granted before you get your financial order in place. I believe you can do it afterwards but it might be harder to compel him to agree then. Particularly if he is a cocklodger. Remember without a clean break order in place, he could come back for money in the future.

Rammingspeed · 19/08/2020 19:53

I keep reading about not filing for Absolute until finances have been sorted.
Please can someone say why Absolute should not be filed before finances have been sorted? Ex- husband went against advice and filed. Does it make a difference and if so, a difference to what?

Moanranger · 19/08/2020 22:13

I got decree absolute before financial settlement as I really wanted rid of ex. I knew the financial settlement would take a lot of time. In the end it took 3 years, I was advised to get financial settlement done before decree absolute, but TBH, I am not sure it made much difference.

ivykaty44 · 19/08/2020 22:21

op your ex obviously wants the decree absolute

so tell him to get finacal stuff in order and then it can all be done and dusted together

get him to draft a consent order

there maybe tax implications if you divorce and then sort out finances

crunchiebabe · 20/08/2020 13:29

Hi , my ex did this because he's a bastard. Everything was ok in the end. It can become an issue if he dies before the finances are sorted , but there are ways round that

AustinRd · 22/08/2020 07:56

It’s mainly death benefits and capital gains tax plus stamp duty if there’s a property involved.

Blobby10 · 22/08/2020 08:03

I was told to Make sure the finances were sorted before applying for the absolute on the grounds that once the absolute is filed, if one party comes into money the other party can’t have any of it . I think!! It was 5 years ago!

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