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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 he trigger Final order before finances agreed??

6 replies

keepswimmin · 25/07/2024 09:59

Ex solely applied for conditional order in February, I've just received notification the hearing will be 9 August.

We are only just starting mediation and I am terrified he will apply for the final order before we have the consent order in place.
We have to both remain in this house with DC until it is sold.

Can he solely trigger the final order? Would it be of any benefit to him to do so before finances are agreed?

OP posts:
izzygirlis4 · 25/07/2024 10:26

Yes he can but doesn't mean you can't resolve finances after that. It doesn't remove your claims

However if the house is in his sole name and you have matrimonial homes notice registered against it or he has a pension you can make an application to the court to prevent it being issued.
Complete d11 app

keepswimmin · 25/07/2024 10:50

Does that not make things more complicated and protracted?

OP posts:
warrior2018 · 25/07/2024 10:51

The only thing being legally divorced does is remove any spousal benefits to you in the event of his death. It doesn’t remove any right you have towards finances in the settlement I don’t think.

keepswimmin · 25/07/2024 10:55

Ok thank you
I have started breathing again Sad

OP posts:
izzygirlis4 · 25/07/2024 17:40

keepswimmin · 25/07/2024 10:50

Does that not make things more complicated and protracted?

No. It just means he can't apply for final order just yet.

JKM66 · 27/07/2024 21:39

You can contact the court dealing with the divorce as let them know that you want to pause the divorce until you deal with your finances. My twat did this while dragging his feet on financial order, but i had already notified the court. The application status that wit will be reviewed by a judge. I sent another message asking for the order not to be granted until we finish our finances. As someone else said - it doesn't effect anything unless he dies and if you are looking to get a pension sharing order. If you are applying for pension sharing and the final is granted you still can appeal it and certainly win.

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