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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.

Agreeing on finances

5 replies

Aeio · 07/08/2022 16:59

Hoping someone can help me please.

Decree nisi has been granted this week. We've been separated 3 years and sorted everything financially at the time. However, for various reasons we would like to formalise the arrangement. We are in agreement, and it's my understanding that even though we agree we need to submit a financial order to the court to approve. Is that correct? Could they tell us we've got the balance wrong and ask us to change it, even though we're in full agreement? Does the document need to be completed by a solicitor?

Basically we've been in agreement since the beginning but due to a new relationship/potential upcoming change in circumstances/family money I'd rather not leave things open but courts, judges, solicitors etc seem unnecessary when we sorted the finances 3 years ago and have been working on that basis ever since.

Thanks

OP posts:
alwaysmovingforwards · 07/08/2022 17:10

Was in a similar position and used wikivorce to do the consent order. You send stuff to the solicitor, they write it all up and send it to the court.
Wasn't expensive and saves anything in the future being in doubt because a solicitor wasn't involved.

Aeio · 07/08/2022 17:19

Thanks for replying. We think we've done things fairly. I have a large pension that he isn't interested in, because although i used to earn a lot more and amassed a large pension, much of that was before we met and since we've had kids, his salary is now much higher and likely to increase further whereas I'm happy in my part time job now and don't plan to earn more again. So whilst we have our own reasons for thinking it's fair, could a judge say it's not?

OP posts:
alwaysmovingforwards · 07/08/2022 17:24

If it's a non-contested submission via wikivorce then it would have to be massively lopsided for a judge not to grant it.
And even then all they'd do next is insist the lesser party takes independent legal advice to ensure there's no coercion or intimidation going on.

Tbf try wikivorce solicitor will probably advise you if they think it's too far out. But that's all. Courts like non-contested, it's just routine paperwork with a few stamps to officiate the process.

Linda1818 · 25/09/2022 11:53

Its possible that solicitors would advise either party if they thought the balance was wrong.

You are best using solicitors though imo and getting a financial consent order in place so you can get it all closed off properly. When it comes to judges signing off i think that could be more of a formality.

Cloverforever · 25/09/2022 12:01

Yes, a judge could ask further questions if they think it is unfair. This is to prevent someone being coerced or pressured to agree to something that they are not really happy with.

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