Financial Order?? Why??

[MoneyWorries1]

Been separated a long time - 5 years, been living separately.
We had no joint assets - a family car which has since been sold and money divided (was a pittance as old banger). Just the household belongings really. We didn't own our marital home and had no savings.
Messy separation and post-separation abuse (him to me)
I have not been perfect either, emotions have run high and we've had some big fallouts over the years.
I try to keep it as amicable as possible for our children's sake.

So recently when collecting our child, STBexH commented that he had been hit with a big tax bill. He recently started a Limited company.

Within days of him saying that, it transpires he has applied for divorce and also a financial order.

He's previously contested about giving me maintenance, insisting he has our child 50% so doesn't need to... although in school holidays etc, he certainly doesn't/hasn't.

I do not have any money. I very much live hand to mouth, no savings, dread the car needing repairs. Rely on UC and my wage to get by.

My concern is that he's going to somehow try and sting me for half of this tax bill?

I've no idea what a Financial Order involves, but when I googled it, it mentions splitting debt.

He previously commented how the Child Maintenance service wouldn't get anything from him as he pays himself the minimum amount from his business. So i suspect he will imply he can't afford to give me the measely amount he gives me for our child.

I'm anxious that this will again bring more stress, or financial worry, for me.

Advice please?
Why would someone apply for a F.O if there's no property/savings to speak of?

More likely you are going to get a share of his business.

As the last 2 pp’s have said, it’s more likely because he’s growing his business and you can have a share of it.

If he has personal debts, he might try to get you to pay towards it. Or his business might be starting to do well and he doesn't want you to bake a claim for any of its profits.

The why doesn't matter, you need to go through it to protect yourself. You will both have to declare all your finances, including pensions. You can then decide between yourselves how you want to split everything.

A financial order is essential.

These are small sums to pay for the certainty that he won’t come after you at a later date.
Although if you are the poor one it may not be in your interest to sign!
If you are hard up can he give you the money since it will benefit him.

I think try not to worry about his intentions right now, chances are they are to protect his company/money from you rather than looking for money from you. Focus on being free legally from him (and fingers crossed on the lottery win for you!). At least if he starts the divorce, he'll have to pay the lions share for it. If you can't afford your bit then maybe you can say to him that if he pays you for your share you'll get it all done, signed etc quick. He will have to disclose all his finances and monies in the bank, debts, value of assets etc.

No one us entitled to half of everything

what people are entitled to is ALL assets are included the pot. Thats held jointly or solely and that includes your pension ( and his id there is one)

and a fair share of this. A fair share could mean half. It could also mean 100% or 0% depending on a whole much of factors

the longer you are separated the more weight would be given to the person who has built up assets post separation to keep them or at least a largely majority share. But it’s still possible they’d have to be shared. BUT without the consent order it keeps claims open forever. Why risk the uncertainty hanging over you.

you could claim a share of business but whether you would be successful and what share you ultimately would be awarded again depends on many factors. Same for pensions. And valuing his business will
also depend on what it is, whether there are assets, tangible or intangible, etc or whether it’s just him essentially using a Ltd company to invoice for his services

So currently there's no solicitors involved. It could've been a straightforward process. He's paid the government fee of £628 to file for divorce. It would've just been a straight forward split and done, but I now feel like it's complicated things.

When I searched about the F.O..I don't even know what option to choose? I'm so confused about it all.

I'm guessing I need legal advice?
Because although I feel like there's 'nothing' asset wise... it's now nore complicated because of his business. (As fas as I know, it's a Ltd company, he's one of two directors and they trade as a different name to sell goods/services)

He’s not complicated things. He’s doing the right thing as part of the process…..

Thanks.

I'm a bit lost with the two options of agreeing or contesting and why it would be necessary to contest?

I mean the actual process...it seems I have to pay too? Or would it be that he's paid and it covers us both to input our figures?

And at what point would a contest happen...if say he declared he only has £20 and I disagree, so it's then forced to court?

Have I understood it correctly?

I think I will try to get a free 15 mins with solicitor just to run through the process

There are two parts

the divorce ( no fault if you’re in England /wakes)
the finance consent order

if you agree finances you can submit form a and form d81, fill it out jointly then submit.

if you can’t reach agreement then you can tick the boxes asking court to do so ( or your solicitors to try to negotiate and reach agreement ahead of that )

if you go down the latter court route there will be financial disclosures and form e required.

Just remember to not sign anything without a solicitor reading through it first.

Do some research and see if there is any legal aid you can claim if you are on benefits.

Some womens charities can help too if it looks like hes being financially abusive or trying to screw you over.

It’s to stop him having a claim on any assets of yours in the future and vice versa. Sounds like you need a Clean Break order in your circumstances which basically just says no assets and nobody owes anyone anything, back to your pre-marriage starting point.

15 years married with children and absolutely no assets at all? What’s the split with the
Children? Any maintenance involved @MoneyWorries1 ?

Yes maintenance towards the children, but he begrudges giving me it, even though it's a pittance.

We didn't own our home. Obviously there's value if you added up everything in the house that I've been left to sort...but it's all not significant pieces of value... we weren't people that had flashy jewellery or artwork

Thank you for this, it's helpful to know regarding the solicitors.

He's definitely been abusive, sadly.

Some good info on here -
https://www.advicenow.org.uk/get-help/family-and-children/divorce-and-separation

Very very basically. When you divorce you agree who gets what and apply for a consent order a judge would sign off.

If you cant agree, youre meant to do mediation.

Failing that apply for a financial order where the judge decides who gets what in terms of assets - savings, pensions, cars, homes..

But a Ltd company is a different legal entity to STBXH, he cant stiff you for anything his limited company owes.

If you saw a lawyer they could give you an idea of what to do and expect.. but there first step would need to be find out what he wants. So if you can ask him what hes after thats your start point

Little point putting child maintenance onto a financial order because after 12 months the family court has no jurisdiction to enforce it and it would revert to the cms

Before you talk to a solicitor, have a read of the Advice Now info linked at the top of this page. It’s really helpful and will help you get the most out of a free consultation because you will have more understanding of the process and options.

I wish you well as it is an absolutely tough time, I took a long time between separation and divorce as it’s so confusing/complicated/exhausting/costly and I had DC to prioritise and bills to pay.

However - OMG being on the other side of it is fantastic. You will get there.