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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 3306
Experience:  LLB (Hons)
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I have separated with my wife 2 years ago and I have an

Customer Question

Good morning
JA: Hello. How can I help?
Customer: I have separated with my wife 2 years ago and I have an decree nici order an year ago. I can’t get to financial agreement with my wife and it’s not affordable for me to pay solicitor and barrister to do a court financial order. If I go for absolute decree without financial agreement or order I know that my wife can claim money from me forever. But I am trying to find out what she can claim in future. Is it the things we’ve got by the date of divorce or anything after that as well like savings or property. The thing is that we don’t have anything to divide so far except of my pension savings wich is £4500 and I bought a farm land in Bulgaria a few months before we get married. Also we separated only two years after marriage. So what could happen if I do a absolute decree order without financial agreement or order and start saving money after that and buy a property to live in let say in two years kind regards
JA: What steps have you taken? Have you filed any papers in family court?
Customer: nothing yet. I do have only decree nici and a certificate from mediation that she wouldn’t go for clean brake
JA: Have you talked to a lawyer about this yet?
Customer: i have but they say that if I go trough the court about financial order that would cost me about £10000 or more and this is not affordable for me
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have been abused and keep a conversation which is translated in English
Submitted: 14 days ago.
Category: Law
Expert:  SASH_Law replied 14 days ago.

Good morning to you, I'm Lea and I am going to assist you today.

It is better to do a financial clean break at this stage instead of waiting so that you can move forward without any future possible claims against you.

I appreciate that you have been told that it would cost you £10k to continue with this, but that is if you use a lawyer for the whole thing - but you actually only need a lawyer to draft the agreed consent order, you don't have to have representation in court.

You state that the marriage was very short and that there isn't much to share, which means that you could use mediation to agree a settlement (much cheaper than using solicitors) and then one of you instructs a solicitor to draft the consent order and the other takes it to another solicitor to check that it is fair for them (i.e. so that you have both had independent legal advice) and then you send it to the court with the application form and fee and the court will review the order and seal it.

It will cost you probably less than £2000 in total, and you can ask that the cost be shared with your wife.

If you choose not to do a clean break now, and you win the lottery in the future, your wife may well have a claim on that - or any other assets you accrue later on...equally you would have a similar potential claim against her. It is preferable to get a clean break now.

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Customer: replied 14 days ago.
Thank you for your response but my question was different. Could you please delete my bank details of your records. I’m not happy to pay for membership
Kind regards
Expert:  SASH_Law replied 14 days ago.

Different in what way?