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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.

Conditional and financial

4 replies

Orderorderorder · 04/10/2024 07:20

I can finally apply for the conditional order tomorrow. But we haven't agreed on finances yet. I've seen people saying not to apply for the conditional order until the finances have been agreed. What is the reasoning for this? Will I be shooting myself in the foot if I go on and do it?

OP posts:
millymollymoomoo · 04/10/2024 08:13

Well until you have the consent order you’re not legally and financially severed so still are tied financially despite being divorced.

so anything you buy /own etc is still something the other party could have claims on

usually refusing to agree divorce papers until finances agree can also act as a big of pressure/leverage to get parties to come to an agreement

Orderorderorder · 04/10/2024 16:03

millymollymoomoo · 04/10/2024 08:13

Well until you have the consent order you’re not legally and financially severed so still are tied financially despite being divorced.

so anything you buy /own etc is still something the other party could have claims on

usually refusing to agree divorce papers until finances agree can also act as a big of pressure/leverage to get parties to come to an agreement

I understand all of that but I don't intend on buying anything (I can't afford to!) All I have is my share in the house, all other assets are in his name.

So there isn't actually anything stopping me applying for the conditional order?

OP posts:
millymollymoomoo · 04/10/2024 16:08

Nothing stops you no
but if he wants to divorce then not agreeing to it until you’ve agreed a split of assets might add some leverage in agreeing your share - btw assets held in single names are still marital assets so ensure these are included in the pot

2022NewTimes · 04/10/2024 21:41

You should apply for the conditional order as this should be in place for the financial consent order to be agreed.

Do not apply for the final order until the financial order has been agreed by a judge

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