Application for a final order without my input

[usuallyjustlooking]

I started divorce proceedings last year. I live in the matrimonial home with two adult kids. Have been trying to get pension details from my husband for ages so we can discuss separation of finances. He is adamant he wants 50% and has no empathy for me housing the kids. Got a text from him today saying he’s applied for the final order and wanting half of the £190 from me. I am raging. I was advised to apply for the final order after finances are agreed. I haven’t given him my numbers. Can the court grant this order on his word alone?

He can get a final order in the divorce without your input/say-so if he applies for one. He can’t get a final order in the ancillary relief proceedings (which is where finances are split) without either your agreement or a court hearing following which an order will be made. In either eventuality, your involvement is required, as is full financial disclosure in Form E, backed by a year’s payslips and statements for all bank accounts and pensions, from both of you.

Have either of you even started ancillary relief proceedings? You have to have at least an attempt at mediation before you can do that (unless a very limited set of circumstances applies). You have to get a certificate from a mediator saying that you’ve done this.

I’d say to him that it’s in both your interests to have finances resolved with an order, which would be easier and cheaper to do by consent than through court. You therefore suggest that you each complete and exchange Forms E with full supporting documentation, and then go to a mediator to negotiate your financial split. If he refuses then you go to a mediator and get the certificate yourself (saying that he declined to attend) and make an application to court. He will be compelled to give full financial disclosure eventually - it just depends how long it takes and how much it costs to get to that point. I wouldn’t agree any split without full disclosure as this is probably the most important financial decision of your life.

Get a lawyer if you can find any way to afford it. You wouldn’t buy a house without a survey; you shouldn’t get a financial order without full disclosure and legal advice on your entitlement based on that disclosure.

Good luck.

You can make an application to the court to stop him from applying for the final divorce order.
but if you haven’t resolved your finances by now and he isn’t giving you the information the get to mediation and issue court proceedings

Your kids are adults. They will be disregarded in any settlement. They went factor into your housing needs

he can press on with the order and if either of you continue to delay or not disclose a judge will decide.

If your children are now both adults, housing them will not be a factor for the courts when agreeing a split of matrimonial assets.

50/50 of the total pot (property, pensions, savings/investments, other assets) is the starting pot.

Re final order, yes it can be applied for and ultimately granted, without your agreement -how and when depends on whether joint/sole application, who applied etc.
Its recommended that a financial consent order is sought before applying for the final order but its not a legal requirement.

Can you engage a solicitor to move the finances along and give you specific guidance on likely split etc.

Yes your husband can apply for the final order before your finances are settled - the two things can be entirely separate processes. you can go to court to try and delay the final order, but not having your finances agreed won’t necessarily be a good enough reason for a delay to be granted.
I discovered all this to my own detriment when I married my husband when he had been divorced for many years but had never settled the finances with his ex-wife other than an “informal” agreement. Cue 5 years of hell which I would advise any woman to avoid at all costs!
And as others have said your kids won’t be taken into account in the settlement because they are adults. 50-50 split will be the starting point, with the final decision (if it goes to a judge) being a balance of need and fairness.
In my husband’s case, a 40-60 split was awarded by the judge and the former martial home (where she still lived) had to be sold to release the funds he was owed.