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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 Ex force through divorce?

7 replies

Alexis92 · 09/12/2022 12:05

Granted conditional order under new no fault system. Since notified that can apply for final order but email clearly states should have finances sorted. Idiot ex has applied for final order despite me telling him we need to do the financial order before we can apply for final order. We're in complete agreement on split of finances etc, just need it rubber stamped with the clean break. We've now passed the deadline for me to respond to his application for the final order. Can he force through the divorce without the financial order? Also, because I haven't responded and he hasn't yet tried to force it through, is there an expiration on when this needs to be actioned?

OP posts:
ZAK3 · 10/12/2022 01:30

Hi sorry no advice but am following as in a very similar position ( minus the amicable bit)

My ex can apply for conditional in feb & have been trying to read up on things as things are very acrimonious between us & he's threatening to go to court to force sale of our property so wonder where all this falls in between the actual divorce as he seems intent on steam rolling ahead

Really do not like the sound of divorce with no financial order being done before officially divorced 😱😱

Humanswarm · 10/12/2022 09:12

Hi, he can't force through a divorce no. It really is advised to complete your financial order/ Consent Order, prior to the absolute being granted. You can complete the financial order post divorce though. Do you have a solicitor?

RoseMartha · 10/12/2022 09:32

What has your solicitor said?

As far as I remember you need to agree. And I would push for the financial settlement before the absolute is applied for as it is essential. Ex and I have a clean break.

I doubt anything will be sorted this side of the new year.

When I got divorced the whole thing stalled for about 5 weeks because of Christmas/New year and then the staff having to catch up with the back log. My ex was very verbally abusive towards me about it as he deemed this was somehow my fault.

confessionstoday · 10/12/2022 09:40

Yes. He can just apply for the final whether or not you have sorted finances.

You can make application to stop him from doing so but it depends really on what the finances are as to whether it's worth doing.

Potluck22 · 11/12/2022 13:04

My understanding is, you can get a divorce without financial agreement in place but it is not recommended as it doesnt end the financial ties. If you are amicable you should get a financial order drawn up asap via solicitors to get financial ties closed off. But nothing to stop someone getting a divorce without this.

In cases where financial agreement cannot be reached as one person not reasonable, one party can apply for financial remedy via court for judge to decide how finances will be split, so divorce effectively forced through (although this option is expensive for both parties)

www.easyonlinedivorce.co.uk/what-is-a-financial-order-everything-you-need-to-know-to-protect-your-future/#:~:text=Yes%2C%20you%20can%20get%20a,final%20order%20or%20decree%20absolute.

EmmaGa · 15/12/2022 11:33

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