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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.

Final order - my ex has applied but we aren’t agreed

6 replies

Alittlebitofhelp · 18/08/2023 12:38

Hi everyone,

Just got a message to say my ex has applied for final order but we haven’t come close to settling the finances. I thought final order was only once everything was sorted. Is he trying to trick me into doing it to stop me having a claim? We made a joint application so I have to also apply… but it says if I don’t apply he can pursue applying on his own. Will a court / how will a court know we aren’t settled yet?

thanks so much!

OP posts:
Fourmagpies · 18/08/2023 13:54

While it is advised to have finances agreed before having the final order, it doesn't have to be. It doesn't stop you having a claim.

LDA123 · 18/08/2023 14:22

Hi,
I was worried about this happening so double checked with my lawyer before doing a joint application. Apparently one party can apply for the final order but it is possible for the lawyer to issue an application to block it being finalised if the finances haven’t been sorted.

I suggest you seek legal advice.

Appleofmyeye2023 · 21/08/2023 21:23

Don’t allow it to finalise without financial agreement. You’ll loose any leveredge you have for completing financial agreement in a decent time frame. He’s taking the piss or doesn’t understand the process himself
read ADVICE NOW guides at link at top of this board.

MsMarple · 21/08/2023 21:27

Is there a chance he might just not have realised? My STBXH did exactly the same thing and when I asked him it turned out they'd sent him a standard email reminder and he'd just done it without really thinking... He's going to stop pressing buttons now until he's sent back the finance forms. Sigh.

bevvy81 · 22/08/2023 15:13

Yeah do not proceed with final order until finances agreed & sealed by a judge. However if your ex is the sole applicant in the divorce application he can just press that button on the date it states you can - I did (the day our financial consent order was agreed). Ex didn't have to do anything at all!

Madpie · 22/08/2023 17:21

I’m in the same boat and not sure what to do.

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