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Final Order....advice please

  • Mrfortyfive
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23 Sep 23 - 23 Sep 23 #521810 by Mrfortyfive
Topic started by Mrfortyfive
Hi all,

Divorce has been granted a Conditional Order, with Final Order in November.
I am a Litigant in person as I cannot afford a solicitor.

Background..
Jointly owned home....approx £450k (Both names on the mortgage)
Mortgage £195k
Equity £128k (each approx)
2 children under 18.
She occupies the main house with the children.
I occupy a self contained one bedroom annexe separate to the main house.

We have not completed the Financial Order yet.
We have not exchanged form E's yet.
We have not completed childcare mediation.

Her solicitors have told her that upon the Final Order being issued I am to move out of the property, and that I have no legal right to be in the property.
(My STBXW just told me this, and if I do not move out, that I can be removed by the police)
The thought of potentially being forced out in around six weeks time scares me.

Can I delay the final order at all....do I have to agree to it, or not.

I don't see that as being right at all.
Unfortunately I do not have legal representation and i'm not in a position to afford it at all, so information like this honestly panics me.

Many thanks.
Last edit: 23 Sep 23 by Mrfortyfive.

  • hadenoughnow
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24 Sep 23 #521811 by hadenoughnow
Reply from hadenoughnow
You can make an application for final order to be delayed until financial matters are sorted. A D11 is needed.

Financial settlement is separate to the divorce.

A 50:50 split is not necessarily appropriate. All assets, incomes and needs have to be considered. Are there pensions??

Is the house in joint names? If it is in her name only you should register matrimonial home rights. These end on final divorce order so another reason to delay it.

Hadenoughnow

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25 Sep 23 #521816 by Mrfortyfive
Reply from Mrfortyfive
The property is in joint names.

Her pension is much much greater than mine.

Mine is negligible.

  • hadenoughnow
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28 Sep 23 #521830 by hadenoughnow
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The pension alone is reason to delay final order. By dissolving the marriage completely you lose automatic rights to a share if anything was to happen to her between final order and financial settlement implementation.
It sounds like some sort of pension share may need to be part of the financial settlement.

Hadenoughnow

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