Changing Financial Order… before it’s been to court!

[Frazzled54]

My FO has been signed by myself and STBXH and it’s sitting waiting to go to court when the first part of the divorce is ready.

Since then, things have changed regarding the sale of the house… and I need to amend/hold the FO until the sale has gone through.
Basically, I’ve been declined to take the mortgage on so the house is on the market.
The equity is my share of the marital assets and if I end up taking a lower offer, obviously this affects how much I receive overall.
EX has refused to share his pension but I feel he may need to offer me more of his savings to offset a possible loss..::

Has anyone got any advice. I can’t speak to my lawyer until next week as they are in court.

You can't put it in if the situation has changed.

And he can't refuse to share his pension, you are legally entitled if there is an imbalance.

Thanks. That was the answer I was hoping for.
The house is for sale now which was option B but I’m worried I get less as need to sell it quickly so may have to reduce the price of it.
I’ve taken the equity to offset his pension but if it sells for less, we need to renegotiate my share.
What a mess!
if only he had kept his little willy out of someone else’s well used f*nny! 🤢

But he will also be taking less if the house sale believes Lower? You both share the risk on the sake value . Why do you expected to ex to take the hit but not you ?

They might be unequal earners. We don't know the detail.

If you are already getting more equity to offset the pension and it's going to be a lower value than is your fair share, the percentage will need to increase so you still get the same financial value.

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

No, it won’t affect him.
He gets to keep his half a million pound pension but my share of it is offset via the equity from the house sale.
So if I sell the house for less then I lose out….
I need a certain amount for it to be fair.

You need to speak to your lawyers. If the agreement is signed your stbxh could in theory apply for a notice to show cause why it shouldn't be made a final order. In which cause you would have to argue that there is a change of circumstances which was unforeseeable at the time the document was signed.

Your own lawyers can advise you best.

if his pension is defined contribution he’s also taking a risk as the value of that can go down too

No, it’s a final salary public sector pension.
I should have pushed for an actuary. I’m kicking myself right now. He’s pushed me for closure and has used scare tactics and underhand manipulation to get to where we are.