When to apply for CA order?

[PestoandPeas]

Separated, children under 18 with me after fleeing DV. Is it better to maintain status quo until/unless husband decides to go to court for CA order (he may not bother), children currently have sporadic daytime only contact with him plus another adult present. Or should I go to court now? I also need to explore some sort of financial settlement -would a solicitor do this by correspondence to avoid court? They have said that a CA order by consent is not advised. I think that if the finances are raised, (even CM) he is more likely to seek formal CA.

Finances should be sorted out as part of the divorce. It is best if you can agree the finances with your husband rather than letting the courts decide. Child maintenance can be part of this but, even if this is agreed, either of you can go to the CMS one year after the final financial order is made. Their calculation will then replace anything in the order.

You only need a CAO if there is a need to formalise things or there is a disagreement over contact.

Thank you, that's really helpful 😀-is it ever possible to sort out finances without divorcing, or is this not advised? I'm tempted to just recoup money owed to me rather than fight over pension (his)

You could get a separation agreement, but it is not legally binding. However, if it is fair, there has been full financial disclosure, it has been drawn up by a solicitor and there have been no significant changes since it was drawn up, the courts will recognise it as the basis for your financial settlement. So yes, it is possible. But as there has been DV, you should divorce, so you might as well get the finances sorted out as part of that.