Financial settlement

i split from my ex husband 2 years ago he wants a divorce on 2 year separation but i dont agree, if i didn't agree on the 2 year separation and i wanted to wait for the 5 years is there anyway that he could make me agree to a financial settlement before we are divorced and got to court. or is the financial settlement a staage of the divorce.

hope you can understand my question

thanks

Hi and welcome

You may well want to wait for the 5 years but why if the marriage is over? If he wants to he could still go for the divorce on other grounds, it's easier (and cheaper) if you both agree and do it on the gorunds you have been seperated. As for the finances - these have to be agreed as part of the divorce, but again the more agreement you can reach the easier and cheaper it will be.

mediation is usually the way to go if you can't agree before it goes to court. if you want to post more information or use the tools on site you may get a few more answers to the process and likely outcomes.

Janey

thanks for the reply, am i right in thinking that we both have to agree on the 2 year separation for the divorce to go a head?? i have my reasons in wanting to wait as he is very unwilling to agree on finanical matters and i think that if i was to say no and what for another 3 years he would change his mind.we have tried Mediation and he has gone back on everything we agreed so that was a waste of time. any more advice would be welcome

Hi Loz

Yes you both do need to agree to divorce on the basis of 2 years seperation, but if your husband has decided that he wants to divorce you now he can also divorce you other for other reasons. You will probably find yourself on the receiving end of a Petition wanting divorce on the grounds of unreasonable behaviour if you do not agree to 2 years seperation - unreasonable behaviour can be anything, including not living together anymore and not sharing any interests etc, so even if you haven't behaved "badly", reasons can still be created.

Unfortunately once one person has decided that they want a divorce there is very little that the other person can do.

loz,

If you do not think he will agree on financial matters now, what makes you think it will be any different 3 years down the line?

Bear in mind that if you have children who live with you, the younger they are, the stronger your case for a larger share will be. If he will not agree a settlement and mediation does not help, you have the option of going to court and fast tracking to a Final Hearing.

It is usual to resist any application for a Decree Absolute until the finances are settled although in practice the DA may still be granted.

Look at www.wikivorce.com/divorce/Divorce-Financ...to-calculate-a-fair- financial-settlement.html

This sets out what is considered when assets are divided on divorce.

You can use the on site Divorce Calculator for guidance or if you want wikipeeps to give you a view, you need to provide the following information:

Ages
Length of marriage + pre marriage cohab
Children - ages, genders and arrangements for them (nights with each parent)
Incomes (inc Tax credits etc if applicable)
FMH Value and outstanding mortgage + size of FMH
Value of other assets in sole of joint names - savings, shares, endowments
Pensions - CETVS
Liabilities in sole or joint names - loans, debts etc

Hadenoughnow