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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.

Applying to finalise divorce without agreeing finances

3 replies

ScaredAndPanicky · 07/01/2025 22:17

I have been trying to divorce my abusive ex since we put in a joint application in August 2023. Since then he has tried every trick under the sun to delay the process, even writing to the court accusing me of fraud and signing his name on the joint application. He has put in stays for totally spurious reasons.
Anyhow it got to the point in August last year that on considering his latest application for a stay, a judge stated that we had to have concluded the divorce by June 2025 or they want to know why. He had told the court I hadn't discussed finances. Actually we have written and written asking for a clean break and we get no reply from his solicitor, or a holding email that they are too busy to look at it. Since the judge outcome my solicitor has written on a number of occasions to request a clean break and still no response.
It has got to the point that my solicitor has now recommended to me that I just press the button and finalise the divorce and then wait for his response on a clean break.
I am very wary about this as had been told you really SHOULD do the finances before finalising the divorce.
Anyone got any helpful tips or suggestions?

OP posts:
PinkyBlueMe · 07/01/2025 22:32

One reason to delay a final divorce is because if something happens to him, you'd be left without any claims as a widow, eg pension etc.
Your solicitor can advise on any such considerations.
It is really important to deal with finances to draw a line under finances between you in a clean break order. However he might not engage if he enjoys the ongoing link.
I'd suggest giving a deadline then discussing with your solicitor filing a court application on finances - you do not have to pay your lawyer to represent you, if it's straightforward represent yourself, with a bit of input from solicitor when needed. If you do nothing this could drag on forever.

ScaredAndPanicky · 07/01/2025 23:38

Thanks
He was financially abusive (minor in the scheme of other things he did) but he never paid into a pension - despite earning double what I earn he intended to live off my pension when he retired. He also paid no bills, no food etc. Still racked up massive credit card bills buying large value items for his hobby that he took with him. But now wants me to take on half his debt. I already paid off 16k he put on credit cards in the past. I don't intend to do it again.

OP posts:
PinkyBlueMe · 08/01/2025 07:56

In which case you know he's not willingly agreeing to a clean break. Talk to your solicitor about a court application - you might need to (individually) attend a mediation assessment meeting first but the only way to get a certain conclusion with someone like this might be court. Hopefully that'll make him engage.
It might be he wants some pension and whether that might have prospects is something your solicitor can advise on but one way or another you need to get this sorted or your finances might improve and his claims are still existing.

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