Clean Break after final order

[Foolsplay]

Is it ok to finalize divorce first as we have no joint assets to split and both reverted to living with family/parents. FYI - lived with family during marriage 2 years.

Very short childless marriage. Will do clean break at some point just no funds to take it to court just yet. (has to go to court as ex is AWOL)

I’d want nothing from ex whatsoever (she has 2 properties solely in her name she had before marriage) and pension. I have a flat to my name prior to marriage my son lives in as it’s for him really to have when he turns 18 next year plus I have pension. None of these properties were mingled into the marriage and kept separate.

Is it wrong for me to finalize the divorce so ex is no longer legally my wife so no automatic spousal rights to anything that’s mine should I die!

I really want to hit final order button knowing if tomorrow I die she has no spousal rights to my pension property etc !!!

Reiterating - I want nothing of hers even if she were to die I don’t care about automatic spousal rights. Due to short marriage should anything happen to her I think morally anything of hers should go to her parents/siblings. I want nowt!

Yes I’m aware of what if you win the lottery, she can claim on you in years to come etc etc etc and I will sort clean break via courts when funding allows.

Are there any other reasons other than claims remain open or losing certain spousal rights why you shouldn’t finalize divorce before financial order???

If you don’t do the financial order you can each claim against the other in the future and the facts your assets didn’t “mingle” does not necessarily take them out of the reckoning for the financial calculation- it might, but is not as automatic as you seem to think.

In any event remember to update your will and declarations of intent for life insurance etc as divorce doesn’t undo such arrangements automatically.

@Keepingthingsinteresting as per my post I’m already aware without order claims remain open but I just want to know is there anything else other than claims remaining open or loss of spousal rights ?

I was told short marriage you both walk away with what you came with and judge highly unlikely to award anything due to short childless marriage - even only at 5 years is everything 50/50? Anything less is short marriage is it not?

NB Although legally 2 years as of this week when I can hit the final order button from today - we were only living together/married for 6 months and didn’t cohabit before

I don’t have a will but will get that done asap thank you for advice. Ex was never named beneficiary on any insurance neither

The fact your ex is AWOL meaning you have to go court does not bode well for your financial negotiations and settlement. So even if you get divorced first you should prioritise that as matter of urgency else it will drag on and claims more posdible

there is not hard and fast set formula that says short marriage keep
whst you brought into marriage or at 5 years 50:50. It totally depends and if your ex wants to play hard ball it could drag on and be very costly

@millymollymoomoo is there any other reasons other than claims remain open or loss of certain rights I shouldn’t finalize divorce first ?

Would it not cost the ex loads if she appears out the woodworks one day and decides to make a claim in terms of courts costs and legal fees ? I’m happy to self rep if that ever did happen no way am I throwing money at solicitors/barristers!

You would be foolish to leave this open but that’s your risk to take.

you clearly want to divorce in this manner so feel free. Any google search will tell you the answers.

and I reiterate that the fact your ex is not engaging and is awol shows you’re setting yourself up for problems down the line.