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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.

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Ex refusing any financial settlement - would this work?

58 replies

userzH · 05/02/2024 18:33

My ex is a twat and refusing to do any sort of financial settlement with me.

Though we have very little to sort.

I'm thinking about asking my solicitor to write up a letter which we both sign, agreeing that we will NOT make any financial claims against each other in the future.

Would this actually stand for anything if my ex did make a claim against me in the future?

I may inherit a lot of money one day and I want to make sure my ex cannot get his hands on it. I want a clean break order, he is refusing to comply.

I am getting legal aid for divorce as he is abusive however I can't afford to take him to court over this. My legal aid won't cover it as we have no major assets which I'm thankful for.

My dad has suggested we get something in writing that says he can't claim anything against me.

Does anyone know if some official paper work like this would be suffice to protect me in the future?

OP posts:
Ollie2008 · 26/07/2024 15:13

Do I have to pay for mediation ? I have had to file d11 to delay final order as he's already filed his day he got it. I refused to sign until financial sorted. He's not happy and pursuing final alone. I made mistake if doing joint divorce

Louboodoo · 24/11/2024 12:18

Hi I’m just wondering how you got on with this problem leading up to a financial order..I’m in a very similar situation as he’s refusing to give any financial details and have two weeks for the form E to be submitted.
I really hope you got sorted and it’s isn’t still
dragging on for you. @ userzH

userzH · 27/11/2024 18:30

Louboodoo · 24/11/2024 12:18

Hi I’m just wondering how you got on with this problem leading up to a financial order..I’m in a very similar situation as he’s refusing to give any financial details and have two weeks for the form E to be submitted.
I really hope you got sorted and it’s isn’t still
dragging on for you. @ userzH

Hello, I am sorry to hear you are going through this.

I am pleased to say I did get the financial order. This was only because I offered him some money in return which he desperately needed.

It took forever and he lied on the form about his earnings and his debt so I had to choose to either dispute it or let it go to court and get it over with. As I wasn't gaining anything financially, I let it go to court as it was and a judge signed it off. Incredibly frustrating though.

It's been hell for the last 11 months but now I am divorced and somehow managed to get through it all. Sending you strength - don't give up. It will all work out eventually x

OP posts:
Lysco · 28/11/2024 06:43

In most cases, former partners cannot benefit from inheritances received by their former spouse after divorce. The inheritance is simply not received during the marriage, not used for joint endeavour, and as a default position, is non-matrimonial.

Form E is a crucial document in divorce proceedings, obliging the parties to give full and frank financial disclosure and ensuring a fair outcome. So, if your husband refuses to a complete Form E, you will likely need to take steps to force them to do so. Ultimately, persistent refusal may result in contempt of court attracting a fine, costs order, or a term in prison.
Print off a few articles from the internet about what happens if you fail to provide your financial information. Send it to him to read. My husband failed for 1 year, eventually provided (I think his solicitor told him he had no choice), he lied on it about assets. Signed stuff over to his sister. It was super stressful. I eventually got a poor settlement, but have the option to to show the lies in future. Which I will. I could have continued with court action at the time but solicitor had already cost a fortune and I couldn’t afford to keep waiting (3 kids!) Good luck. Divorcing a stubborn person is super stressful. Take good care of yourself throughout.

Louboodoo · 03/12/2024 20:10

Will this ever end!!!!! Any advice would be great 😌
Ex is worrying as he hasn’t done his form E and deadline is a week today- as he’s previously refused to hand any documents over about his company..(self employed)
Hes still refusing to move out, says I should instead as I want the divorce (I’m not the emotional abuser, narcissist in the marriage)

Hes asking me to stop the financial order and put the house on the market (which I’ve asked to stay in with the 3 kids for their sake not mine) he has no money to start fresh and won’t move in with anyone. I can’t help but feel I’m doing wrong by him by not selling the house and letting us both start fresh (although I won’t get another mortgage on my low salary-he could)
or maybe remortgage and let him take some money to set himself up?!
or do I just stick to the financial order?! Horrible situation!! Xx

Lysco · 05/12/2024 03:15

Stick to the financial order. Don’t move out of the house. He can get the form done in time. If bot, that’s his problem, no doubt you’ve done yours!

BestLife82 · 05/12/2024 10:26

Louboodoo · 03/12/2024 20:10

Will this ever end!!!!! Any advice would be great 😌
Ex is worrying as he hasn’t done his form E and deadline is a week today- as he’s previously refused to hand any documents over about his company..(self employed)
Hes still refusing to move out, says I should instead as I want the divorce (I’m not the emotional abuser, narcissist in the marriage)

Hes asking me to stop the financial order and put the house on the market (which I’ve asked to stay in with the 3 kids for their sake not mine) he has no money to start fresh and won’t move in with anyone. I can’t help but feel I’m doing wrong by him by not selling the house and letting us both start fresh (although I won’t get another mortgage on my low salary-he could)
or maybe remortgage and let him take some money to set himself up?!
or do I just stick to the financial order?! Horrible situation!! Xx

Neither of you have to move out until there is a financial order and if the deadline is a week away then he's not late yet.

I wouldn't worry about not selling the house yet. You will almost certainly be ordered to do so as part of the financial order anyway.

KimMumsnet · 06/12/2024 12:35

Hi, OP. Hope you don't mind us popping our head round the door to let you know about this AMA we're doing on Monday:

https://www.mumsnet.com/talk/AMA/5224878-ama-on-divorce-financial-separation-and-co-parenting-with-amanda-bell

Might be useful if you have anything you need to ask!

We’re pleased to announce that Amanda Bell, Co-Founder of affordable divorce platform SeparateSpace, will be doing an AMA this Monday (9th December) covering divorce, financial separation and co-parenting.
Before founding SeparateSpace, Amanda was a Legal 500 recommended family lawyer at a market leading London law firm. She helped hundreds of clients sort out their finances and parenting arrangements following separation. Amanda now leads SeparateSpace - an online platform created by experts across law, finance, therapy and psychology to provide affordable support through divorce

AMA on divorce, financial separation and co-parenting with Amanda Bell | Mumsnet

Hi everyone, We’re pleased to announce that Amanda Bell, Co-Founder of [[http://www.separatespace.co.uk/ affordable divorce platform SeparateSpa...

https://www.mumsnet.com/talk/AMA/5224878-ama-on-divorce-financial-separation-and-co-parenting-with-amanda-bell

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