Divorced no financial settlement

[tralalaa1225]

I stupidly agreed to split the equity in our house when we divorced last year without a financial order in place.

I now need to get an order retrospectively for completeness but am dealing with a nasty, bitter ex who refuses to communicate (unless it's to rant at me).

We were both satisfied at the time with the asset split (each keeping own similar pension) which was pretty even so to my mind it should just be rubber stamping that position.

I can get a solicitor to draft the order but I know that Ex will flatly refuse to engage. There is no impetus for him to agree as he already has the money and he won't spend time form filling.

My question is if he doesn't engage what can I do? Is it likely to get expensive or can an order be granted based purely on my submission?

I want nothing less than have to deal with him again but I know I need to get this done

Call the court and ask for help? You don’t need expensive solicitors for everything. I think you can file a form and then he will have x time to respond and if he doesn’t it gets done.

If he won’t engage or agree you’ll need to go to court and through fdr and possibly to a final hearing.

they won’t agree a consent order purely on your submission.

The risk for you and him is that without the order you are financially tied. At its most stark that means if you won euro millions he could seek a share and may well get a share. This is a real life example that happened. However it is v unlikely to happen. But what is definitely going to happen is that you die. Without an order or change to your status then your ex has a claim on the estate. Which is the last thing you want you heirs to deal with. This applies to pension benefits and insurance claims.

So tell him what you are doing and explain to him why it benefits him and hope self interest gets him to sign a few forms.

Thank you, I'd been aware of the continued tie whilst I'm still alive but hadn't realised he would still have a claim on my estate

I'm conflicted as to whether I attempt to do the everything myself to get it to court or get a solicitor involved. I am struggling mentally and emotionally and want to give Ex as little headspace as possible.
I'm guessing however that if Ex won't engage it needs to the solicitor route.

it sounds like you realise it’s essential to get the finances sorted and signed off. No choice but to try solicitors letters. Maybe set a max budget for that then you can request meditation if no joy? Not sure the ex can reasonably refuse mediation .

if no luck then no choice but court proceedings but fingers crossed your ex will see sense before that point. Court expensive usually for both sides.

Does he plan to remarry?