Financial Remedy Order Question

[beka88]

I would like some guidance in regards to Financial Remedy Order and hope someone might be able to help.
I am now divorced from my H as of last year but sorting out finances has been not so easy.
We have at first agreed by a Consent of not splitting any assets then I have sent it off to court to have a Clean Break Consent Order made , then had a few queries from a Judge and now my ex H is not agreeing or he will not want to sign a new amended Consent Order which would confirm what is to become of my property that I have purchased before our marriage but it was our matrimonial home.

So I would have to go to court and apply for Financial Remedy which I do not want to do but there is no way otherwise to move on.
So I have purchased my property before our marriage to live in and we have lived there during our marriage. The property has always been just in my name and I have paid mortgage on it all the time and continuing to do so now. My son and myself live in the property.
My ex H has his own property that he purchased last year.
My property if it was to be sold would have 70-80 k equity in it.
My ex H property if it was to be sold would have around 15 k equity which includes deposit.
So my question is:
How would Court go about making this Financial Remedy? Would we need to split everything if we do not agree before the first hearing?
Lets say if my ex would argue for my property not to be sold till our child is 18 and the property is in my name only and if I want to sell it now and move to different property can they do that?
What is the best way to oppose it ?
Can I force a House sale before our finances are sorted?
I have been advised by a solicitor that I can sell my home without my ex H consent but not advisable to sell before finances are sorted.
Anyone that had a similar experience with this that could share it would be really helpful.

The court will look at the total assets, work out what each of you need to meet your reasonable needs and, if there is anything left over, aim for a fair split taking into account the factors mentioned in the relevant legislation. If you want to know that kind of split is likely you need to consult a solicitor. Anyone who answered based on the information you have posted here would be guessing.

There is no way the court would order that you cannot sell the property until your son is 18. It may be that you will be forced to sell it when your son is 18 and give a proportion of the proceeds to your ex, but the courts will not tie you to the property.

prh47bridge Thank you for your reply.
Would Court make us share assets if it happens that we would not want to claim anything from each other?
Will speak with solicitor to see what outcomes it may come to and what my options are.

As long as your agreement is reasonably fair and you both understand the consequences, the court will approve the consent order. However, you say your husband no longer agrees to the consent order. Unless he changes his position, one of you will have to apply to the courts for a financial settlement and the courts will determine the split.

Thank you for your reply prh47bridge.
The only reason he does not want to so that he can control what I am going to do next like moving away and selling up.
Would this be counted as financial abuse?
So if I go Financial Remedy route then we would have to split everything? Sorry if stupid question.
I am hoping that he might change his mind before first hearing and agree with Consent Order.

He could stop you relocating to a new area via a prohibitive steps order should it impact on reasonable contact between ex and DC

The courts will not allow him to control what you do next.

If it is necessary for the courts to determine the split, you will both have to make a full financial declaration. The courts will then decide how things should be split. That does not mean every single asset will be split between you. Their first priority is to make sure everyone has a roof over their heads. But I am not going to speculate as to what a court ordered settlement would look like in your case. Your solicitor will be much better placed to advise.

Okay thank you. Will seek solicitors advice and see how it all may turn out.

What are the other Court costs during Financial Remedy Order apart from the application which is £255 and not including solicitor or barrister fees?

Unless you reach agreement during the case and submit a consent order for the court to approve, or you need to make any additional applications, that's it. There are no other court costs.

What are the possible outcomes in your view and experience?
I have some savings and pension but not a lot , I am self employed dont earn lots but can support myself and my son.
My ex has savings or money that he has left over after all the bills are paid that he pays in our child's account or sends money abroad to his parents which he can use if he would need it later. ( Its a conduct) He has a job and earns 17 k per year.

Sorry but you need to talk to your solicitor about that.