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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 24582
Experience:  Senior Partner at Berkson Wallace
11292137
Type Your Family Law Question Here...
Stuart J is online now

10 years ago my wife filled fo a divorce, it went to court

This answer was rated:

Hello,
JA: Hello. How can I help?
Customer: 10 years ago my wife filled fo a divorce, it went to court and the fist part was done , but the final money side of it wasn't sorted.
JA: What steps has your wife taken? Has she filed any papers in family court?
Customer: Yes I think so , it's been such a long time , it cost me a lot in solicitors fees to try and come to a final resolution with no reply on her side , my boys were young and I wanted a roof over ther head so I didn't push it any further. But now they are in there late 20s , I need to now how to proceed to finalise the divorce.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your wife live in?
Customer: It was guildford court, I think it was 2010
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I do have mental health issues, I think this has stopped me doing anything about it for a long time , it has been very stressful

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Have you informed your ex that you now wish to conclude a financial settlement?

and is there a marital property that is owned?

any pensions?

Customer: replied 6 days ago.
Hi yes there is a property and I have a pension

If there was no financial order, a spouse can pop up out of the woodwork years after the event as you will read here:

https://www.dailymail.co.uk/news/article-3634949/Victory-hippy-millionaire-s-unemployed-ex-wife-wins-500-000-share-fortune-money-decade-broke-up.html

and here

https://www.dailymail.co.uk/news/article-1331925/Lottery-winner-Nigel-Page-pay-ex-wife-2m-left-10-years-ago.html

You say that the first part was done but I don’t know what you mean by the first part.  Do you mean that you have the decree absolute?  If so, then you need a financial order:

As part of the divorce process, to draw a line under the finances you will need a financial order.

The courts will not get involved in marital finances unless divorce or legal separation proceedings have started.

Remember that the divorce itself is not that expensive, if you use solicitors, it is arguing over money and children which costs the big bucks.

And here is some reading on applying for a financial order.

https://www.lawteacher.net/cases/financial-matters-on-divorce.php

Which draws a line under the finances of the marriage and prevents either of you coming back to the other, in some years time, asking for more money if circumstances have changed (the lottery?).

That’s what happened here when the spouse popped out of the woodwork years after the divorce, when there was no financial order.

https://www.dailymail.co.uk/news/article-3634949/Victory-hippy-millionaire-s-unemployed-ex-wife-wins-500-000-share-fortune-money-decade-broke-up.html

and here

https://www.dailymail.co.uk/news/article-1331925/Lottery-winner-Nigel-Page-pay-ex-wife-2m-left-10-years-ago.html

You can agree what you like between you, then it really is a case of putting the application into the court and the judge will rubberstamp the arrangements you have agreed.  Otherwise it’s a potentially expensive argument.

Here are some notes from the government

https://www.gov.uk/government/publications/i-want-to-apply-for-a-financial-order-d190

On applying for a financial order

This is the form you need to start the process: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/885814/form-a-eng.pdf

And how you go on from there depends on whether you agree with what is happening with the finance or whether you are going to have an argument.

It is highly likely that you are going to need the consent of the court to proceed with the financial order and you’re going to need to explain why you are now divorced, you haven’t made the application before.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 6 days ago.
Thank you for the information

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer, and of course me,  with your legal problem.

Stuart J and other Family Law Specialists are ready to help you