financial order - when to file

[Notmyyearthisyear]

hi
i understand that as soon as the decree nisi is announced I can file for a financial order. I'm hoping that we will have a consent order, but you never know with my stbh. So my question is, I'd like to file as soon as nisi is granted to avoid unnecessary delays, can anyone advise if at this stage I need to declare (and perhaps attach?) that either we have a consent order, or that I need the court to make the decision? (self-representing in either case!) . Hope I managed to convey what I'm asking and it makes enough sense for someone to answer!!

A little bump 🤞

If you are getting a consent order then you need this drafting up, it needs to be signed by both parties then the paperwork goes in after the decree nisi is pronounced. If your ex will not sign the consent order then you apply to the courts again after nisi is pronounced and ask them to decide what is fair, I believe if there is no abuse they may want you to attend mediation (not 100% sure on this so don't quote me). Either way you can only file the day after nisi is pronounced so either way have everything ready to go.

Thanks so essentially on the day I file I need to know what I’m filing for, either to have the consent order approved, or to have the courts make a decision (possibly after mediation has failed) is that right? In other words, if I don’t have a consent order at that stage, but still hope to achieve one, can I still file straight after nisi to ‘book the date in’ so to speak?

Yes that's right so you need to either pay a company online to draft you a consent order then when the nisi is coming through you sign it, I would perhaps date it the day the nisi is pronounced. The company or solicitor you paid should help you fill and file it.

If you can't agree then you apply for ancillary relief, you should know coming up to nisi whether you will need to go down that route. I've attached a website that takes you through each step that may help. X

www.gov.uk/money-property-when-relationship-ends/apply-for-consent-order

Also don't go for absolute until something is signed/stamped and returned from judge.

Can I just jump in here and- as a self-repper too, OP- recommend a brilliant podcast that you ought to give a listen called The Smart Divorce Podcast? For me, this podcast has been invaluable.

Also... this podcast episode regarding financial orders was really helpful open.spotify.com/episode/1l4dkYPqkwDp5zJLQFVkIB?si=8f6f285787de4ee1

I don't know if you're one for listening to podcasts but whenever I'm on a dog walk, I listen!

A great website that I've also relied on is www.advicenow.org.uk/divorce-and-separation

Thank you both, much appreciated x