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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2541
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I would like to ask question about financial settlement. I've

Resolved Question:

Hello,
I would like to ask question about financial settlement.
I've been separated since January 2013 and divorced since March 2014. I have sorted residence of my 2 daughters, my ex-husband has got contact with them 4 times in a week including 1 sleepover over the weekend (was forced to agree with it).
However my ex- husband doesn't want to sign financial settlement. We have no assets ( he's got car and some overseas assets but I'm not sure how much and I don't care, I just want him out of my life).
I was forced to agree that he will sign financial settlement if I wouldn't claim child maintenance ( he never paid a penny and I haven't claimed child maintenance as he doesn't work anyway).
I have paid £700 to prepare consent order and he refused to sign it.
I was told that I have to pay up to £5000 to get this sorted if he doesn't sign it and I haven't got the money.
I have a partner and he would like to marry me. We would like to buy a house and my ex- husband said he would take the house of me once I get married and will take my parents house once my parents die.
He was emotionally and financially abusing me for 7 years of our marriage and he still abuses me 3 years after we have split.
Is there any chance for him to claim any proportion of a house we plan to buy in the future with my partner?
Do I have to pay 5k to the court to settle our finances? Is there any way to let him sign the consent order which has been agreed by us?
I would appreciate your help.
Thank you,
Kind regards
Jane
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
In relation to the consent order, this has to be agreed and entered into by your ex-husband and you cannot force him to sign the agreement - it has to be entered into voluntarily. In order to have a final settlement you will need to pursue an application to court under a Form A for the court to make a decision regarding the finances. As part of the court proceedings both you and your ex-husband will need to make full and frank financial disclosure in relation to your financial positions and needs (as well as the children's needs). You can also put forward the agreement you have apparently agreed for the consideration of the court.
You cannot make this application if you have remarried. However, if you do remarry your ex-husband still has the right to make an application to court regarding the finances (unless he has also remarried).
The £5000 you have referred to appears to be legal fees (if it is legal fees then this will likely be an estimate), however you are entitled to deal with and represent yourself, saving you the costs.
In relation to any potential property/assets you purchase with your new partner, if the property is registered in your new partner's sole name then your ex-husband will have absolutely no claim to it. However, if it is owned jointly with you and he pursues and application to court, your share of the property will need to be disclosed, however I find it highly unlikely that he will obtain anything from it as it will have been bought after the divorce and will be your new marital home for you and the children. Your ex-husband will not have contributed to the new property and will have no argument to make a claim against it.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2541
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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