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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13888
Experience:  Senior Associate Solicitor
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Could I speak to a solicitor please have questions regarding

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Hi, could I speak to a solicitor please have questions regarding the divorce and financial settlement
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I am planning to file for divorcee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

If you plan a divorce then you should also deal with assets if there are any (or if not, then ensure a clean break order is signed and approved by the court)......

The marriage is not classed as a short one if it is more than 5 years, so a split of assets is likely as opposed to a clean break. There are two orders available: a clean break order (if there are no assets to split) and a consent order.

You can sell the property and that would give you each a fresh start. You can either apply for a judicial separation (and then a financial order), or a divorce (if you want to dissolve the marriage) and again, apply for a financial order. Bear in mind with a legal separation you remain married and as such no pension sharing order is permitted (unlike for divorce).

If you disagree and cannot come to an agreement, you can ask the local family court to assess a split of the finances and also to deal with the property.

Assuming your spouse eventually agrees to a settlement then you can have a consent order drawn up to bind the parties to the agreed terms. The following company can draft the order and they also file it with the court too: Divorce-Online | Quick, Easy & Cheap Online Divorce From £59

The court will consider the factors contained within Section 25 of the Matrimonial Causes Act 1973 when it assesses a financial settlement. Therefore your ages, length of marriage, any children under 18, your earnings and earning potential (same for your spouse), the assets including the former matrimonial home and pensions if applicable, any debts, financial and non-financial contributions to the marriage, your standard of living enjoyed before the marriage breakdown, your financial needs in future and your housing needs, any medical needs and so on.

The starting point is 50% but if there is a disparity in earnings or you have paid more in the way of mortgage/rent, etc, you can ask for more than 50% of the former matrimonial home. It would be worth speaking with your spouse to see if they would agree to any split without having to involve the court. The more that can be agreed without the court's involvement, the better.

If nothing can be agreed then you would need to issue financial remedy proceedings once decree nisi comes through (if you start divorce proceedings), or obtain a decree of judicial separation, so you ask the court to become involved in a financial settlement as well as the divorce.

Before you involve the court with the finances you need to contact a local mediator which is compulsory before you ask the court to intervene in the financial aspect. You can find a local mediator here : https://www.familymediationcouncil.org.uk/find-local-mediator

Assuming mediation fails or your spouse doesn't agree to mediation then you will need to issue financial remedy proceedings and you would need to complete and send two completed copies of Form A (available here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/885814/form-a-eng.pdf) to your local family court and pay a fee of £255 payable to HMCTS. If you are on a low income or have low savings you can ask the court for help with the fee here https://www.gov.uk/get-help-with-court-fees

The court will then list a first appointment and give directions for a financial dispute resolution hearing (FDR) where the judge will give their opinion on a likely settlement - which usually prompts a settlement at this stage. The court will ensure the parties make full and frank disclosure of their assets and liabilities to ensure the financial positions of you both are known and to allow the court to make a settlement decision. If the case does not settle, further directions will be given and a final hearing may take place if neither of you can agree to settlement terms.

Finally, if you need money before the divorce finalises you can apply for “maintenance pending suit”, which means you ask the court for an order that your ex pays you support to help with bills and so on before the case finishes. You will need an application form under Part 18 of the Family Procedure Rules 2010 and the fee is £155. You would need to attend a hearing for this.
Happy to answer any follow up questions if you have them assuming I have not covered what you need to know above.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 11 days ago.
Hi, I am planning to file for a divorce and also planning to buy a flat as I moved out of the family rented flat after separation.I am buying this Property with my own savings and also want to make sure it is not part of the marital property.At What point should I make the property completion and exchange the keys to make sure it is on my name only.1) Is it after I file for divorce and apply full financial disclosure form e22) or after I received the decree nisi and file for consent order where both of us clearly mention we do not owe anything to each other ( I would have not completed the property by now hence still do not have any Property)3) or after I complete getting the divorce absolute .I am trying to buy this property as soon as possible . Hence please let me know the soonest and safest time to buy the property on only My name, so that my spouse does not have any rights on it.
Customer: replied 11 days ago.
Hi, I clicked on phone button by mistake
Customer: replied 11 days ago.
Could you please refund me the 44£
Customer: replied 11 days ago.
I would like to chat with the solicitor, did not intend to call him

You need a signed consent order so your spouse has no claim on any property of yours. If you don't they can come after you at any time after you divorced.
So you should apply for an order once decree nisi has been granted but before decree absolute.
If your spouse disagrees and refuses to sign a consent order, once you issue a claim for financial remedy (with Form A ) the Form E will be exchanged after that - the court will give you a date to do that.
You should delay buying the house - even though it was obtained after you separated or petitioned for divorce, it would not be automatically be left out.

Sorry, I can’t take a call at the moment but other experts are free to contact you. If no one calls you then you will not be charged for it - an "authorisation" has been made for payment, that's all. However, the call request is open to all experts so will remain available until it’s either taken by another expert or if you cancel it. If you would like to cancel the call and the charge, customer services can be contacted here: https://www.justanswer.co.uk/help/contact-us or for refunds please use this link: https://www.justanswer.co.uk/help/how-to-request-refund

Customer: replied 11 days ago.
This is a amicable and agreeable divorce and my spouse has mentioned that he does not want any Propert or money from me
Customer: replied 11 days ago.
Only thing is he owes me 5000£ which he loaned from me and he said he will return it back. So in consent order we will only be mentioning that he owes me 5000£ and that we do not want anything from each other .

OK, fine - you will need them to sign a consent order in that case.
It will need to be done by a lawyer as they can be complex. Here is an example : https://www.divorce-online.co.uk/
And both of you should take legal advice as to the contents of the consent order to ensure the judge agrees to it.
You file it after decree nisi has been obtained but before decree absolute.

Customer: replied 11 days ago.
In that case, can I exchange the property after I file for Divorce and submit the form E2

You could do but before you complete on it ideally you need the consent order approved by the court so it is then binding on each of you.

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13888
Experience: Senior Associate Solicitor
JimLawyer and other Law Specialists are ready to help you
Customer: replied 11 days ago.
Sorry, did it get your last message. Why cannot I do the flat completion after file for divorce and submit form e2 mentioning I do not have Property while submitting the form.Example: June 8th , I will submit divorce petition and form e2 ( both do not have property at this time)I complete the flat and exchange keys on July 7thReceive decree nisi on August 10th tentative.Submit consent order on 12th August- by this time I brought the property , but had to buy this after separation and with my savings.Both me and my spouse are not interested in each other propertiesMy spouse owes me 5000£If we follow the above approach , Would the judge overturn our mutual decisions , and request the court to give equal rights to my spouse , though he is not interested in my property

The judge will want to see a financial statement at the time of filing the consent order - you would need to put your new property on there so it'd be up to the judge whether they agree to endorse the order or not. If they think the terms are unfair then they will refuse to endorse the order so you run that risk.

Customer: replied 11 days ago.
Ok. So it is discretion of the judge to decide the financial division and he can override our mutual agreement as well

Yes, indeed they can do that - it's in their power to do so. It's all about fairness for the court

Customer: replied 11 days ago.
If I have 50000£ in my bank account now and have a job,My spouse has 15000£ in his bank account and do not have a jobIf my spouse petitions the divorce and we mutually agree we do not want anything from each other money wise , except for the 5000£ we owed meAnd we apply the consent order accordingly.Will the judge override as per his discretion , ask me to pay extra money to him as he does not have a job now
Customer: replied 11 days ago.
For financial full disclosure form e2 , do we need to show any bank statements for the past 6 months. Is it mandatory , if we do not want it.
Customer: replied 11 days ago.
Also, how much time would it take to get a decree nisi from the time we file for a divorce
Customer: replied 11 days ago.
Hi, I can see the phone call offer is accepted. Could you please let me know when can I expect the call please. Thanks

Sorry, I cannot take a call - another expert will contact you by telephone shortly.

depends on their earning capacity, how long you have been together and numerous other factors (see my answer earlier for how the court approaches a fair settlement). You only need to disclose bank statements with Form E if your finances are disputed. Decree nisi is pronounced quite quickly after the petition assuming the court agrees with the ground for divorce.

Customer: replied 11 days ago.
In case if finances are not disputed, which form should we fill and should we show bank statements in either case of no dispute as well. It’s a amicable and financially agreed divorce

Hi, as I said earlier, a consent order is required - along with form D81 (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/866780/d81-eng.pdf)

Customer: replied 11 days ago.
Ok. So we need to give all the financial information example the money we had at the point of time when we apply. No need to show any bank statements during the initial form d81 submission
Customer: replied 11 days ago.
If I buy the flat after we received decree nisi and we submit application of consent order , would he still have right over the property?

Just the figures would be required on the D81 form, yes. Until the order is approved and signed by the judge then in theory your ex could still have a claim on the property, yes.
Here is a useful link for you : https://www.prismfamilylaw.co.uk/what-is-a-d81-statement-of-information-for-a-consent-order/

Customer: replied 11 days ago.
How long would it take the judge to sign the consent order from start of the petition

Depends on the court in question, there is no standard timescale. Within a month I would say though

Customer: replied 11 days ago.
If I have 10000£ in my bank account now (including business bank account) and have a job,My spouse has only 15000£ in his bank account and do not have a jobIf my spouse petitions the divorce and we mutually agree we do not want anything from each other money wise , except for the 5000£ we owed meAnd we apply the consent order accordingly.Will the judge override as per his discretion , ask me to pay extra money to him as he does not have a job now

It depends on the form you provide with the consent order. I can't say what the judge will do as a) I only have limited details of your finances and b) it depends whether the agreement if fair in the judge's opinion. The judge won't ask you pay money to him - the consent order would simply be refused.

Customer: replied 11 days ago.
Ok. If the consent order is refused, should we re apply for a new consent order ?

Yes, you can do so after that if it gets to that point.

Hopefully I have answered the 3 questions you made earlier - if not please let me know and I will clarify the answer.
I am about to log off now until tomorrow morning.

Thanks, ***** ***** good evening,

Jim

Customer: replied 11 days ago.
Last question please , after we receive decree absolute, if I buy a flat , I mean completion and exchange. Will my spouse have any rights on it ? As it is brought after the divorce

No claim on it, no - as long as a consent order has been approved by the court before completion. You are not divorced until decree absolute. But a consent order needs to be approved before you legally acquire the property.
I am logging off until tomorrow now, many thanks,
Jim

Customer: replied 11 days ago.
Thank you very much for all your answers. It was very very helpful. Have a good day!

It was my pleasure and glad to have helped, have a good day too.
Jim

Customer: replied 10 days ago.
Hi Jim, good morning

Good morning, how is it I can help please?

Customer: replied 10 days ago.
Could you let me know what is difference between clean break and consent order. If I do not put the money my spouse owes , can I get a clean break approved once I receive decree nisi and protect my property from being part of marital pot.

A clean break is where you walk away with no split of assets and you sever any future financial ties. A consent order records an agreement of a division of assets e.g property / cash, etc.
You can try and apply for a clean break, yes - you will need a lawyer for this - I gave you the link to one on a couple of occasions yesterday (https://www.divorce-online.co.uk/)

Customer: replied 10 days ago.
My only interest is I want to buy the property sooner in the safest way to protect it from my spouse being any part of it . Which one will be more helpful- clean break (which I assume is only approved after we receive decree absolute - that is end of divorce)OrConsent order - which can be approved in mid way , I.e after we received decree nisi
Customer: replied 10 days ago.
also , can a judge reject a mutual consent clean break order as well ?

Hi, I think we covered when the "right time" would be to buy - which would be only once you have an order approved by the court.

I also covered the fact a judge can refuse an order if they believe it to be unfair.

I said you both need to take legal advice as to the contents of an order - we cannot give legal advice here as we are an internet forum.

I don't think I can add any more to my answer unfortunately - I will need to opt out under the site rules to let someone else help you further with this.
Thanks

Customer: replied 10 days ago.
Hi
Customer: replied 10 days ago.
Will the amount paid as part of consent order agreed be taxed ?
Example, my spouse agreed to pay me 5000£ as part of consent order. Will that amount be taxed
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Tetyana-moderator
Customer: replied 10 days ago.
Please continue. But please cancel the phone call . I clicked on that by mistake yesterday and 44£ is deducted from my card

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Customer: replied 9 days ago.
Thank you
Customer: replied 9 days ago.
Could you please cancel the phone call request. I clicked on that by mistake yesterday and 44£ is deducted from my card. Thanks

In England and Wales the majority of divorce settlements will not be taxable. Whether additional tax is paid will depend on the individual circumstances of your divorce case. The main tax provisions which relate to people going through a divorce or separation cease to apply when the relationship has broken down, rather than by reference to the date of Decree Absolute or Final Dissolution Order.

Income Tax can be affected in a number of ways, and should be considered before divorce or dissolution. For example:

If you receive the high-income child benefit tax, you would only be liable to continue to claiming this until separation from your spouse/civil partner.
It is more common for jointly held assets to be transferred to one person upon separation. However, in the event that the assets remain joint, Income Tax will be calculated by reference to the exact percentage of ownership on separation.
It is not usual for maintenance payments to be taxed, however in certain circumstances, maintenance payments relief is available.

When people separate there is often a property involved which has been the family home. If the property is to be transferred, then it will be exempt from Stamp Duty Land Tax, provided that the transfer has been ordered by a Court or any agreement between the parties in connection with the divorce or dissolution.

Capital Gains Tax is probably the most relevant of all of the taxes which will effect separating couples.

When considering whether Capital Gains Tax is payable you should consider the date on which assets are transferred and the amount that will be taxable if a transfer of property happens after the tax year of separation.

When people are separating they are still legally married or civil partners, until such time as they receive a Decree Absolute or Final Dissolution Order. However, when these Orders are made former spouses and civil partners will no longer be considered to be “connected persons” for the purpose of Capital Gains Tax. HM Revenue & Customs (HMRC) will then consider whether there are any tax consequences of selling a property.

In the majority of cases, when there is the sale of the family home, Capital Gains Tax will not apply. However, in some circumstances people may have more than one property, or upon separation, may need to remain on the mortgage of the family home, but wish to purchase their own property. In these circumstances Capital Gains Tax may apply.

Within divorce/dissolution Financial Orders it is common for pensions to be shared between spouses or civil partners. Pension provision is not a taxable asset, and therefore there will be no Capital Gains Tax.

I trust this assists

Let me know if you have further questions

Customer: replied 9 days ago.
Thanks. How soon can we get a decree nisi considering the current COVID situation , if we petition on 11th June 2021
Customer: replied 9 days ago.
It’s a mutually agreed divorce

It varies from court to court so I could not say for sure but likely a 4-6 weeks. I trust this assists

Let me know if you have further questions

Customer: replied 9 days ago.
Ok, after decree nisi is received , how much time would it take to get a consent order approved (mutually agreed financial settlement, no children or property. No Sharing of finances. Only my spouse paying me a amount of 5000£)

It varies but assuming there is no dispute probably a couple of months I trust this assists

Customer: replied 9 days ago.
Can I buy a property ( completion and exchange of keys) once I send the application for consent order. My spouse is not interested nor does he want any share in my future property. Their is no risk of him claiming for it , while consent order is in process of approval .

Yes that should be fine. I trust this assists

Customer: replied 9 days ago.
Assuming my spouse is not interested and also do not want any share of my future property, and the financials I explained earlier. One more thing to note, I currently have a permanent job with very good savings in my bank account to buy the property. My spouse used to work in IT contracting until last month, but currently looking for job with very little savings. He is very bad with money. What are the chances the judge would reject our consent order ?

It is unlikely they would reject a consent order unless they see it as completely unfair to one party. I trust this assists

Customer: replied 9 days ago.
Would the above scenario be considered as completely unfair, as he does not have a job now and also his savings are way low compared to me. His own doing. He never shared any money with me. His bad investments with money.

No it is not likely to be considered as unfair. It is very unlikely they would not approve the consent order. I trust this assists

Customer: replied 9 days ago.
Is their any way we can fast track and get the consent order approved sooner

No I am afraid not. I trust this assists

Customer: replied 9 days ago.
Ok thank you. You have been very helpful. Could you please request to cancel the phone call please. I have pressed the button my mistake and they are charging me 44£ for this. Thank you

The call money gets refunded automatically if you have no call, I have no control over this. Take care.

Customer: replied 9 days ago.
Thank you very much

Happy to help, take care

Customer: replied 9 days ago.
If I have any questions in future , can I ask you?

Sure yes just post a new question FAO Jeremy Aldermartin Only.

Customer: replied 9 days ago.
Ok thanks a lot

No problem, take care.

Customer: replied 7 days ago.
Hi Jeremy, good morning.
I have a question regarding my property. The sellers are planning to back out and find another buyer when they heard about my divorce proceedings , as they cannot control the timelines. I do not want to loose the flat . If I buy the property now, and put the details in consent order. My spouse is not at all interested in my property. If we mention it clearly in the consent order and supporting documents, will the judge approve the consent order and give full rights to me. Remember , it’s all my and my family money invested in this flat. My spouse has no contribution or interest.

yes it should be absolutely fine especially as it is your family money going into it. I trust this assists

Customer: replied 7 days ago.
Thank you Jeremy. I cannot prove my family money is going into it. As it was send to me long long back . But what I can prove is that he is not interested in the property and that he is not looking for share or rights transfer. Will that information suffice for the judge to approve consent order without me paying any extra money to my spouse of getting the property on my name entirely
it should be sufficient. I trust this assists
Customer: replied 7 days ago.
Thanks. Assuming all goes as planned , this should be good. Just in case if my spouse changes his stance after I accept the divorce, can I order for financial remedy as well as a respondent, and explain to the court that I have been paying him a lot since start of marriage and never contributed in any family expenses, hence he does not deserve any of my money or property which I took after separation.

You could say that yes. I trust this assists

Customer: replied 6 days ago.
Hi, when will I legally have property on my name . Is it after the property exchange(when I pay the deposit) or property completion (when I receive the keys) . Kindly let me know.
You normally pay the deposit at exchange then the balance on completion. I trust this assists
Customer: replied 6 days ago.
that’s true. I am trying to understand when will the property be on my name, so that it will not come on my name in consent order.
It will be in your name at completion. I trust this assists
Customer: replied 6 days ago.
before I apply for consent order, if I go for exchange process apart from me sending them deposit Money, will any legal documents be exchanged where court can know that I am
Trying to buying this property or showing an interest in buying a property.
If you exchange contracts then obviously they will know you are buying it or if you pay a deposit likewise. I trust this assists
Customer: replied 6 days ago.
Thank you for your clarification.

Happy to help, take care.

Customer: replied 5 days ago.
Hi, can I travel outside uk , example travel to USA , while the divorcee proceedings are in progress . I.e. petition filed and consent order in progress.
you can take care
Customer: replied 5 days ago.
Thank you for the response. I am required to be in uk at all during the entire divorce proceedings, if it a amicable and smooth divorce
Customer: replied 5 days ago.
Reworded the previous question: 'Am I required to be in UK at all during the entire divorce proceedings, if it a amicable and smooth divorce?'

No, I trust this assists

Customer: replied 5 days ago.
Thank you very much for the information Jeremy

Happy to help, take care