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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 i stop conditional order? Divorce

3 replies

Abcdefg1234567abcdefg · 22/11/2023 09:29

I have recently been diagnosed with an illness that has resulted in me feeling very unwell. Due to this my STBEH and I have not sorted out finances as part of the divorce process yet. I thought he was fine to wait for me to get better, but he has applied for the conditional order on our joint divorce application with no discussion with me. I don't want to sign the conditional order until I am well enough to discuss finances.
He is very aggressive and has told me several times that he doesn't want me to 'get his money' and he makes the whole process unpleasant. I suspect he has signed the conditional order as he wants to push through to finalise the divorce without finances being sorted. He has hinted at this. He has said that he will go ahead with the divorce despite no finances being arranged. He earns far more than me so would gain from this.

Is he able to move the divorce process forward if I have been/am unwell (been off work for months) without us agreeing finances?

Is there a form I can complete to stop the divorce progressing until I feel better?

Thank you for reading and I hope someone can advise me. I'm trying to avoid contacting my solicitor as I don't have lots of money.

OP posts:
millymollymoomoo · 22/11/2023 09:46

He can apply yes
How long are you asking for to get better??

he won’t gain from it, why does he think that?

do you have children together ?

Abcdefg1234567abcdefg · 22/11/2023 13:46

I have no idea when I will be better but I would hope I will be next year! I'm in the thick of it at the moment and unfortunately there's not a lot I can do about the impact on my health due to hold ups in the NHS.

I very much want to divorce, but when I'm in a position to deal with it.

We have 3 children under 12.

Is it the case that now he has has the conditional order he can go ahead and apply for the decree absolute in six weeks time? I'm not sure what I can do legally to pause it so he doesn't apply for the final divorce before we have sorted finances.

He is absolutely fine financially at the moment.

OP posts:
Mumof3confused · 24/11/2023 23:24

It will take a bit longer than 6 weeks but in any case, the final order doesn’t impact your financial settlement. You will still be able to sort that out afterwards (although there may be tax implications if you have assets, also each of you will lose the benefit of any pension of the other person dies before any share is transferred).

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