How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ukfamilysolicitor Your Own Question
ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 866
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
74916426
Type Your Family Law Question Here...
ukfamilysolicitor is online now

What financial details are mandatory in an uncontested div

Resolved Question:

What financial details are mandatory in an uncontested divorce
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please could you clarify for me - have you both agreed a division in relation to matrimonial finances and are you submitting a consent order for approval detailing the division that has been agreed ? Or in the alternative has a clean break been agreed ?
Kind Regards
Caroline
Customer: replied 1 year ago.

Hi Caroline

My wife & I have agreed everything but she has not put on the forms to the court although we have no financial issues to contest

I am to keep our house, having already paid out and settled her share

Our children are not children any more @ 22 and 23 years

We have been separated @ 6 years.

This divorce is dragging and already @ 12 months from us both agreeing to get a divorce

Her solicitor has agreed to represent both of us, I have complied with filling out all the forms back in February, which have been submitted and now @ this late time has asked for my bank details and savings account which I supplied @ end of April but now wants a full 12 month statements and any associated pension ( state & company ).

My wife is not interested in anything and just wants a clean break

I feel that the solicitor is just stringing things along and appears to be milking the situation

I did not think that this would be required if my wife is happy to proceed as agreed

Please can you help

Best wishes

Alan

Expert:  ukfamilysolicitor replied 1 year ago.

Good Morning Alan

Thank you for your response.

I note that a clean break had been agreed between you. It is therefore likely that you would have completed a Statement of Information Form as well as a Consent Order.

A Financial Order cannot be submitted to the court until after Decree Nisi has been obtained - so hopefully this had passed. I normally submit the papers for a Clean Break Consent Order at the same time as applying for decree absolute - that being 6 weeks and 1 day following the decree nisi being made.

I am suprised that the solicitor has agreed to act for both of you as Rules of professional conduct prevent solicitors from acting for both parties - whilst in reality you may have both presented originally as being agreed - if entirely conceiveable for one of you to change your minds - which causes problems. I personally do not take instructions to act for both parties in a divorce.

I am also concerned to read that you have already paid out a settlement to your wife without a consent order being approved by the court. The order is not binding until it is approved by the court - and therefore their is the possibility that your wife could ask for more.

In relation to the court asking for more information - courts can ask for further information before they decide on whether or not to approve a consent order. You will have to supply what is being asked. Perhaps you could call the court directly to check the progress.

Kind Regards

Caroline

Please remember to rate positively. No credit is received for our work unless positive feedback is received. Your question will not close and we will be able to continue to discuss your questions.

ukfamilysolicitor and other Family Law Specialists are ready to help you

Related Family Law Questions