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Legal matters

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I’ve received divorce papers and saw he is has ticked the box for financial order

19 replies

JStevens · 24/09/2021 13:26

Can someone help me please. I’ve been separated from me dh for 6 years. He has been living with someone else for 3. Today I received divorce papers and it says he has ticked the box asking for a financial order. What does this mean? I live on my own. We have no children together or any property or joint savings. What do I need to do?

OP posts:
Anothernick · 24/09/2021 13:44

A financial order is a court-approved settlement of financial claims between the parties in a divorce. Could he be trying to claim maintenance from you? This could perhaps be an issue if your income is much higher than his though since you have no joint property or savings this seems unlikely. He would need to set out what he is claiming and you will get a chance to go through it and challenge it before the order is made. Each side has to fill in a form setting out their income and assets.

Of course he could have just ticked the wrong box on the form or misunderstood what a financial order means.

JStevens · 24/09/2021 14:46

Interesting, thanks for this. I know he works, but it is all off the cards and he has told me that he has an investment in a restaurant that he and his current partner are opening. He is also a freelance musician. I doubt whether it was an accident that he ticked the box though.
Given that he lives with his gf and it is her address he has put on the divorce papers could he make an actual claim against me do you think? I do work and my job is quite well paid, but I don’t own property or a flash car (his is newer than mine). In fact when we split up years ago I was working with him in our business but he sacked me and left me virtually destitute with 3 children (not his) to raise. He ended up losing the company through mismanagement. Do you think I could be asked to support him now? Obviously this is very concerning

OP posts:
TeapotCollection · 24/09/2021 14:48

OP you’d be better having this moved to the Legal board

mewkins · 24/09/2021 14:52

He may not be claiming anything at all. A financial order is always recommended on divorce regardless of shared assets in order to ensure that neither of you has a claim on anything going forward (lottery wins, inheritance, etc). So it may just be a formality.

Heatherjayne1972 · 24/09/2021 15:02

Have you got a solicitor ? They can talk you through it all.

bowlingalleyblues · 24/09/2021 15:03

Could he be about to come into an inheritance? Perhaps he wants to remarry and wants things financially settled beforehand.

TheLadySif · 24/09/2021 15:06

Do you or he have an occupational pension? If so, I would consult a solicitor for advice.

Collaborate · 24/09/2021 15:25

Ignore most of the other responses.

This is very much standard. It means the court now has the power to make financial orders. It needs one of you to make a formal application for a financial order before the court will look at it properly.

catsareme14 · 24/09/2021 15:30

It doesn't necessarily mean anything . If you even think you might want this you have to tick the box as you can't add it on later . He may not apply for it , just keeping options open

JStevens · 24/09/2021 15:43

I’m new here, thanks for the advice, how do I find the legal board?

OP posts:
CattingT · 24/09/2021 15:47

Do you have a large pension? He could be claiming a % of that.

MatildaIThink · 24/09/2021 15:48

In most cases it does not mean anything, it is more a way of the court drawing a line under things to stop any future claims (by either side).

It is very rare for spousal support to be mandated in a divorce these days, even rarer when there are no children.

MrsTerryPratchett · 24/09/2021 15:50

@JStevens

I’m new here, thanks for the advice, how do I find the legal board?
I've reported your post and asked MNHQ to move it for you.
DawnMumsnet · 24/09/2021 15:52

We're moving this thread over to our Legal Matters topic for the OP.

PaterPower · 24/09/2021 16:19

On my divorce my solicitor told me to tick the box - it’s standard. We agreed to a financial order which basically said neither of us took anything from the other (which is because we’d agreed the split of assets between us when we first separated).

JStevens · 24/09/2021 16:23

Thank you

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prh47bridge · 24/09/2021 17:57

As others have said, it is standard to tick this box. It isn't a mistake. There should always be a financial order on divorce. It doesn't mean you are going to have to give him anything. It may mean he has to give you something. You may be able to agree the finances between you and get a Consent Order. But it is important that there is a financial order of some sort.

TeapotCollection · 24/09/2021 21:38

You have your answer OP, Collaborate and prh47bridge are solicitors (bless ‘em🙂)

Good luck 💐

JStevens · 24/09/2021 23:01

Thank you so much everyone x

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