delay financial decisions

Hi I am desperate to get divorced after five years of seperation. As neither me or my husband can agree on the financial settlement, we have decided to leave it till my youngest daughter finishes education, so I live in the family home and he pays maintanence. I am considering using the internet to get a quickie divorce.What I want to know is if I could get the divorce over and done with and sort the financial matters out at a later date?

Hi,

No need whatsoever to involve solicitors or internet sites, you only need to provide very little information and it can easily be drawn up by yourselves.

If you both agree that it is in fact a five year separation and you believe your spouse will not oppose it, then simply obtain the paperwork from the court offices and submit it using the 5 year separation as the grounds,the cost of this is £300.00 and you do not need a solicitor.

Providing it goes through undefended, then the next step is to apply for the nisi, this is triggered by way of court paperwork sent after you spouse acknowledges the petition and it is undefended.

You have to swear on oath and in front of a reliable witness, which can be a court offices official and in this instance there is no extra costs.

After you receive the Nisi you have to wait 6 weeks and 1 day before you can apply for the absolute, this is the document that enables you to re-marry should you wish, the cost of the absolute is £40.00

It really is best to try and sort out the finances prior to the absolute or at least soon afterwards, the reason for this is that either of you can make claims against each other up and until your finances have been decided by way of a Consent Order ratified by a court.

Come back if you need any more help, and it would be interesting to find out why after over five years you are now desperate for the divorce to go through, circumstances could mean nightmares in terms of financial settlements.

Cheryl,

The process of getting a divorce and sorting out the financials are two separate things. It is relatively easy to obtain a divorce using the online services that are available.

The financials are dealt with either through agreeing a Consent Order between yourselves or making an application to Court for Ancillairy Relief. It can become quite expensive, expecially if you and your ex cannot agree upon a financial settlement and it is best to instruct a solicitor to ensure that a fair settlement is achieved. mediation is a cheaper alternative and they can help you to negotiate an agreed settlement.

However, by not sorting out the financials at the same time as the divorce you are leaving yourself in a very vulnerable position. What happens if your ex changes his mind on payments or gets a new partner/home/children? Sorting out the financial situation is quite daunting but one that needs tackling and the sooner the better. You can then move forward with your life with a level of certainty about your financial security.

Also bear in mind that if you should remarry you have no recourse to the Courts to make an application for Ancilliary Relief.

As part of sorting out the financials (which, I agree, you really should do before the Decree Absolute)you can agree that you stay in the marital home and he pays maintenance until your daughter leaves home and then you sell up or buy him out and he gets his share of the assets. Settling does not have to mean selling up.

Sadie