Decree Absolut but no clean break Urgent

[changemynamefornow]

ExH bullying abuser. decree absolut but didn’t settle finances as needed divorce granted. he wouldn’t go through financial process as way to control me.

No assets.my tiny pension pot.left lots of debt to me-I’ve paid.paid total £300 maintenance in 5 years for 2 kiddos.

If we didn’t get a clean break order, in future Is a judge likely to award a financial settlement based on any assets I build up after divorce to a man who left me with debt and didn’t see his children or pay maintenance. I have email I sent to him stating that he’s refused to sort out finances as evidence I wanted to sort it but he wouldn’t.

Thanks for advice as worried sick and can’t afford to see solicitor to get it started and he’ll ignore anyway.

bump

As there is no financial order it is potentially open to him to make a claim against you in future which may, in some circumstances, lead to him being awarded a share of assets built up post divorce. You need to get a financial order sorted as soon as possible. You do not need his consent to do this, although it will be cheaper and easier if he co-operates.

If you have remarried and didn't start a financial claim in your divorce petition I'm afraid it is too late for you to start a claim. Unfortunately, in that situation, he will still be able to make a claim against you.

Thank you very much @prh47bridge
can I go direct to judge so I don’t have to deal with him? Can I write order myself as no assets either of us? Thankyou

You will have to attend a Mediation Information and Assessment Meeting unless you have evidence of domestic violence. He won't be there. You don't have to try mediation.

Your ex will be served with the papers. You can't exclude him from the process.

You and he will both have to make a full financial disclosure. He can be forced to do so if he refuses to co-operate. The court will then decide what order to make.

Just to be clear, the "then" in my other sentence isn't meant to imply that making full disclosure is all that is required. It is just one step in the process, albeit a very important one.

Thank you again @prh47bridge and final question is if I did manage to convince him to cooperate we can just send consent order to judge to check it’s fair and sign it off?
Does solicitor need to write consent order or is there cheaper way, template?

I would strongly advise both you and your ex to seek independent legal advice before entering into a consent order. At a minimum you must get a solicitor to write it for you.

@prh47bridge thankyou