Divorce

[hondafanatic]

I'm filling on the online gov form for a divorce. Most of it seems straight forward except Part 10, section 3, Financial Order.

Me and the ex have been apart for four years now...still on friendly terms etc and both looking to move on. We initially went through solicitors and came to an agreement regarding the house etc. Neither of us are looking for anything extra...it's been sorted out for a number of years now.

However, on the form I'm really confused about which option I tick. I'm actually thinking I leave it blank but would really appreciate any advice from someone that's filled in the form/has experience etc.

And just a general question; We've been apart for four years, everything is fine between us, she's moved on, I've moved on and nobody is looking for anything extra and there's no kids involved. My question is; it seems very straight forward that I fill in this form and then that's more or less that.

Is it really that "easy"?

Many thanks in advance

[photosnob]

No. I've never been married, so certainly not divorced. And my legal qualifications havn't yet been printed.

But there was a recent case of a bloke who got divorced - did well for himself (envionmentally friendly energy) - and his ex wife came back and got a load of money from him. You need to get a certain thing done with the court to finalise finances. Or it could/maybe/potentially come back to haunt you.

[PurpleMoonlight]

photosnob said:

But there was a recent case of a bloke who got divorced - did well for himself (envionmentally friendly energy) - and his ex wife came back and got a load of money from him. You need to get a certain thing done with the court to finalise finances. Or it could/maybe/potentially come back to haunt you.

Indeed, further evidence of what can happen several years hence.

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

[Red Devil]

hondafanatic said:

I'm filling on the online gov form for a divorce. Most of it seems straight forward except Part 10, section 3, Financial Order.

Me and the ex have been apart for four years now...still on friendly terms etc and both looking to move on. We initially went through solicitors and came to an agreement regarding the house etc. Neither of us are looking for anything extra...it's been sorted out for a number of years now.

What you need is a properly drafted clean break Consent Order to put before the judge. A clean break means just that - no financial claims on each other (including spousal maintenance). Without kids this should be pretty straightforward. If you don't already have one you really must get this in place particularly if either or both of you are contributing to pension (other than the state one). Paying a solicitor specialising in matrimonial work to do this now will avert a lot of potential grief further down the line. Breaking a contract (so many people forget that a marriage is one: the easiest to enter and often the hardest to get out of!) has consequences. You might be surprised how many people go the purely d-i-y route and live to regret it months or years years down the line because they forgot something vital.

My split was 100% amicable. We decided exactly how to divvy everything up and told our solicitors to get on with drafting the Consent Order on that basis so that there were no nasty surprises for either party (hers drew it up and mine checked it). Because we were very clear about what we wanted there was no excuse for delaying matters and ramping up costs.

Read these before you submit any forms.
http://nicolawilliams.co.uk/consent-orders/factshe...
http://www.familylawpartners.co.uk/blog/spousal-ma...

The case referred to by photosnob involved Dale Vince of Ecotricity. The reason he got hit with the application was precisely because there was no recorded financial settlement (they probably decided they couldn't afford one - see the linked article below) .

Grauniad article said:

Elizabeth Hicks, a leading divorce lawyer at Irwin Mitchell, said: “This ruling essentially paves the way for anyone without a completed financial order to bring a claim against their former spouse regardless of how long ago they divorced.

http://www.theguardian.com/law/2015/mar/11/woman-wins-right-seek-money-ex-husband-30-years-after-break-up-dale-vince

[hondafanatic]

Thanks for the replies. I missed out a very important point that we've been through the solicitors, house transferred back to me etc and she got a cash lump sum.

It was more a question of which box, if any I need to tick as I don't understand the form.

Thanks again for the replies. I appreciate the time taken.

[PurpleMoonlight]

hondafanatic said:

Thanks for the replies. I missed out a very important point that we've been through the solicitors, house transferred back to me etc and she got a cash lump sum.

You are missing the point I fear.

What you have agreed so far means nothing without a Court Order to enforce it. If you don't get one then she can come back for more several years from now.

So tick whatever box means you can apply for a Court Order as part of the divorce process.

[hondafanatic]

PurpleMoonlight said:

hondafanatic said:

Thanks for the replies. I missed out a very important point that we've been through the solicitors, house transferred back to me etc and she got a cash lump sum.

You are missing the point I fear.

What you have agreed so far means nothing without a Court Order to enforce it. If you don't get one then she can come back for more several years from now.

So tick whatever box means you can apply for a Court Order as part of the divorce process.

Ok. Think I've got it. Thanks again.

[Red Devil]

hondafanatic said:

Thanks for the replies. I missed out a very important point that we've been through the solicitors, house transferred back to me etc and she got a cash lump sum.

It was more a question of which box, if any I need to tick as I don't understand the form.

Thanks again for the replies. I appreciate the time taken.

Have you read the guidance notes? - http://hmctsformfinder.justice.gov.uk/courtfinder/...
It clearly tells you to consult a solicitor if you're unsure about anything.

You didn't answer my point about pensions. This has the potential to create all sorts of grief much later if not handled correctly.

I repeat, what you need is a clean break Consent Order which basically sets out what you have agreed between you.
It is crucial that you cover yourself against any nasty surprises which could come back to haunt you.

If the terms are sufficiently inequitable the judge has the power to refuse the application and tell you to go away and sort it out.
In the great majority of cases he/she won't interfere. The high profile ones you read about in the tabloids have relatively little impact on the the rest of us mere mortals.

'Been through the solicitors' is somewhat vague. The only thing that can be gleaned from that is you arranged a agreed disposal of joint property while you were still married. Presumably that was all documented at the time. If so, what you now have to concern yourself with is the current position of both parties income/assets so that an appropriate Consent Order can be drafted.

[anonymous-user]

When I got divorced 30 years ago my wife got maintenance of 1p a year, my lawyer was most upset as apparently this give her the right to reopen things at any time, and advised me to contest. I wrote a cheque for 10 pound outside the hearing and give it to her lawyer never heard from her since, fortunately I knew she would have no way to trace me or put a charge on my assets which were/are all overseas, I am still most careful about UK assets in case anything happens.

[andyelcomb]

To reply to the OP's original question, yes, I have been through the online procedure quite satisfactorily.

Re the section 10, financial order part, I didn't tick any of the boxes as I wasn't asking the court to make any financial orders either for or against me.

Like the OP, our split was amicable, self-agreed settlement with me keeping the house and she getting half its value as a full and final settlement. Fortunately there were no other complications like children and the chances of either coming into lots of money in the future are slim and both of us are decent enough people to not go back asking for more.

I would have gone the full solicitor route if it had been anything other than as described, but in our case, as I suspect in the OP's, the system is perfectly adequate.