Applying for conditional order before agreeing financial matters

[Mumof3confused]

Any legal eagles here who could tell me who I should contact for advice regarding the risks of doing this?

His assets include cash (£400k ish), a property (£30k ish equity) and significant pension.

We have no joint policies as we don’t have a mortgage together.

I also carry about £150k worth of debt which is shared but under my name.

I believe he will drag this process out and therefore I want (need) to no longer be married to him for my own sanity. I know it’s a bad idea to apply for the conditional order at this stage but I think the risks may be worth it. My main worry would be to be left with all the debt. I’m not too bothered about the pension. I would expect him to pass everything on to our children if he changes his will. In the current will I am set to inherit and I know that if I did inherit, I would then be liable for tax on any assets valued over £325k.

I also know that there would likely be costs involved in the transfer of property to my name post divorce (although unlikely I will get this property anyway).

Can anyone tell me if I am missing anything or who would be best to advise me? I’m not really getting a clear answer from my solicitor.

It’s a bad idea to get the final order before the financial remedy order. The court can’t make a financial remedy order unless there is at least a conditional order.

Oh really? My solicitor didn’t tell me that even though I’ve issued proceedings.

Yes you need to have the conditional order to get a financial consent order applied for or signed off by the court. So this is the right way to do it. It's the final order that you shouldn't apply for until the finances are sorted

I want (need) to no longer be married to him for my own sanity

For clarity, the conditional order does not end your marriage. The marriage is still in place until the final order.

You apply for the financial order after the conditional order has been granted. We have sorted out our finances privately but still have to wait before the consent order can be lodged (used online solicitor to make it legal)

Eeek sorry I meant Final Order (getting muddled up with all the terms). I want to apply for the final order and could have done so a month ago.

We can’t agree privately (mainly because he doesn’t make any decisions, doesn’t respond to communication etc). So I have to wait for the court to decide on our behalf. I’m aware this can be very long and drawn out, hence why I just want to apply for the final order now rather than wait. I don’t want to be married to him any longer than absolutely necessary!

this is incorrect. You can apply any time after the divorce application is issued. The court simply cannot make a final order in financial remedy unless there is a conditional order in the main suit.