Can I get a financial consent order before divorce finalised?

[MirandaPomander]

I'm at the very very start of separation and divorce proceedings.
Currently we're still living together. It's fairly amicable and we've come to a very loose agreement where he will buy me out of the house and we'll split finances. I'll buy another house. We have two kids and the plan is to do 5050 childcare.

Do we have to wait until the actual divorce is finalised before we can do the financial stuff?

No, it's recommended to do the consent order before the final order, so worth starting now. I didn't realise this so now my final order is held up whilst we wait for the court to approve the consent order!

I think you can't submit it to the courts until you've got the conditional order - at least, that's what my solicitor said - but still no harm drawing up the paperwork ready.

No. Let me repeat NO (out of care and compassion I’m writing in caps 😆). You must get the financial order first, then decree absolute.
It’s very risky sorting finances after the divorce.

That's brilliant, thank you. I was worried about the conditional order holding up the final order but it sounds like it could be the other way round.

I really want the financial stuff tied up so that it's simpler moving forward.

it was the other way round for us
you apply for conditional order
have to wait 6 months for it
then you can get financial order signed off
then you apply for final order

i was getting bought out and buying another house after we failed to sell the family home, and the right house came up and after 14 months of renting for me and the dc needed to move forwards so I purchased a house but didn’t have time for the court process with the financial order etc to happen so we did a separation agreement instead (or could’ve done a draft financial order) which then will be sent to court and signed off after (hopefully! Very slim chance it won’t be apparently).
it all feels quite back to front and a ball ache.

if we’d done the buy out before a financial order or separation agreement my xH would’ve had to pay stamp duty on the half he was buying from me

@User364837

My solicitor is being very slow but the marital home has been sold (awaiting completion). I'm very worried about not being protected. Is the separation agreement a quick but water tight process?

in our case no it wasn’t really that quick as xH kept raising spurious objections to wording but I think it can in theory be quick as doesn’t go before a court. Solicitor just draws it up and you sign it. And is it not 100% watertight either, although if the solicitor advises it seems fair and you’ve both taken legal advice the chances of it being overturned are very slim.

my solicitor told me if agreement hadn’t been reached before the home was sold they would keep the monies until it had and release some for rent or whatever (which sounds totally impractical).

if what you’re doing is fair and you both agree I’m sure it will be ok, lots of people end up having to sell before the financial order is agreed because of court delays etc.
the stamp duty was the issue for us and also my xH refusing to do it before stuff was signed (as he’s the financially stronger party and wanted to make sure I was signing away future rights to his pension and earnings etc as part of the deal of the buy out).

Thank you. That's very worrying regarding house solicitor holding the money back as I have already made an offer on another house based on his verbal agreement on the split. Looks like I need another divorce solicitor asap.

Thanks for the advice.

I want to see if husband can buy me out and I buy a house, but looks like it's going to take a while as what I don't want to happen is for me to buy somewhere and for him to claim half because we haven't got the financial sorted. (I'm not sure he would but it's a risk)