He applied for the final order while we are dealing with Finances

[JKM66]

Long story short :
I applied for divorce through HMCTS last July.
Was entitled to finalise it on April. I let them know that i will not finalise the divorce at that time as we were dealing with finances.

The FDR was due next week but had to be postponed after 4th October due to him making up stories and he needs more time to back the lies up.
I logged on today randomly and saw that he has applied for the final order.
I contacted the HMCTS asking the not to grant it as we still dealing with finances.
As it has been a nightmare with him dragging his feet and playing every trick in the book to destroy me financially , I am wondering what is he trying to do??
Any response appreciated. Thank you.

Not a legal bod but my experience was that my solicitor encouraged me not to finalise divorce until finances were sorted out only because if he died before this I would not be entitled to any spousal benefits on his death. She did not mention that anything else will be affected so I would assume any financial settlement would remain the same after legal divorce than it would prior to. But you should seek legal advice around this.

warrior2018 Thank you so much for your reply. I did ask the solicitor and he said it doesn't effect the financial case as I am not applying for pension share - he was, but i think he did not understand my concern.
What I am worried about is that we have a flat overseas that on paper he owns 75% and i own 25% but actually it should be 60/40. If we are divorced, this flat will not be treated as matrimonial asses as we are not married anymore so the judge won't be able to split it let say 50/50. Am I right or it wouldn't matter?

So the flat isn’t jointly owned? If there’s some kind of second charge or declaration of trust re the property then you’ll get whatever is on paper I would’ve thought. Why does it say on paper it’s 75/25 but you think it’s 60/40?

The flat is in both names but it has share portions. Initially it was owned from 4 people, us and his parents. When the parents dies, the sisters claimed on their parent's share. We bought them out but 7 yrs ago but their shares were transferred to him rather that to both of us. Money to pay them came out of my account but as we were still together it didn't matter.

Right then as long as you can evidence that you paid for those shares equally or whatever you think the split is then your solicitor should be able to argue that you receive that share I would’ve thought. Really, if it is owned only by you both then they might just say 50/50. It sounds like the sisters signing over their shares to him was more of a technicality rather than them meaning to leave more to him specifically as you were still a couple then? Or was it done tactically so gets more do you think?

It was a technical mistake i think form the solicitor that did the transfer at that time. I was stupid enough not to correct it. I never thought it would coma the day that we will divorce. I meet this man 40 yr ago and i have looked after him more than our 2 children. But now he is being the nasties person i ever known. Denying and lying on everything so i can be homeless and leave with nothing. That is why i got worried when he applied to finalise the divorce as if it was for him we would still be living together. Looong story.
But thank you so much for engaging with me. I really appreciate your time.

That’s ok. I know what it’s like to be desperate for advice.
I don’t think that finalising your divorce will impact the way the proceeds of the flat are shared out, but just make sure you get all your ducks in a row regards evidence as to how the shares were divided up and who paid for what, and any correspondence from the solicitor about it. If you have a solicitor it might be worth sending them a quick email with your concerns if you want to clarify.

I have all the documentation and i have emailed the solicitor. Thank you so much.