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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.

Financial order before finalising divorce - Form A very confusing

2 replies

JKM66 · 12/11/2023 08:57

Married for 32 yrs. Not officially separated but living separately in the same house for 5 yrs before I filed for a divorce (online in July). Long story short he has been emotionally abusing from the beginning of our marriage and at last I made a decision to not put up with it any longer. I asked him nicely if he could try and move out (housing association house) in July this year but he got angry and abusive in front of our adult children. I also applied for non-molestation order and occupation order advised by online Women's aid.
Non-mol was granted on emergency basis but he contested the occupation order (on going)
I am not entitled to legal aid despite working only 4 days as a teacher and have no savings.

I paid a layer one off to get some advice and she told me that I should deal with finances first before I apply for the conditional order in December hoping to sort out our living arrangement that way.
He will retire next year and will have sate pension and professional pension (a £40000 lump sum) and a third small pension in our country (Europe). He also have savings. We have a 2 bed flat back home fully paid in both names which I offered my share to him so he could live there and leave us alone. He refused.
Our 23 yr old daughter lives with us and I am supporting her while she is training. She has told him that if I move out she will come with me as she needs her mum. We also have a 10 yr old dog that I am the primary carer.
Our state pensions and professional pensions are approximately the same value at this moment. I actually do not want anything from him, i just want him to leave so we can get on with out lives.
My questions are:
How will the financial order help on our living arrangements?
Will i have a claim on his lump sum when he retires - i don't want it but want to use it as leverage
I tried to fill in the form A but i found it really confusing. What do I need to submit with form A to declare my finances.
Do I apply for the conditional order in December but hold on to the final order while the finances are sorted?

OP posts:
LemonTT · 12/11/2023 10:10

The financial order will determine entitlement to the tenancy and how the other assets are split.

You have no dependents, a 23 year old and the dog, aren’t relevant. You are basically two adults. Based on your post you are the stronger party as you have a professional job and he is close to retirement. You would also be assessed as being able to work full time.

One of you will be assigned the tenancy. That is not going to be simple. As you are finding out.

If pensions are the same then it’s probably best to leave them alone. They are expensive to value. But again if he is a lot older he has greater need.

Unless one of you wants to buy out the property it will be sold and split. Don’t make offers in court that you think he can go and live there. That’s not practical and comes across as aggressive. Different matter of that is what he wants. But let him say what he wants.

JKM66 · 12/11/2023 14:14

Thank you so much. I really appreciate your advice and time.
He wants to have access to his room - he wants to live 3 month here and three month back home. That will mean interrupting our lives and be in control. That is his aim to control.
I will leave the pensions alone.
I have no ideas what to do next?

OP posts:
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