Re:Financial Agreement

Hi

Sorry not been on for a while as I thought everything was finally sorted......

Just a quick question - once the financial order has been agreed by both parties and signed by the judge in the Decree Nisi hearing - can my ex husband then go back on this? or try and change it? Does the Absolute have to be issued for it to be binding?

thanks
LL

Its very very difficult to change a sealed order.

On the very few occasions they are changed (set aside) its usually because one person was forced to agree (duress) or one person was not honest regarding how much money or income they had.

The order cannot be enforced until the decree absolute is granted.

Thanks for this - I am applying for the Absoulte on Monday (long story short - ex had crossed petitioned my original petition - and the divorce should have been granted on his cross but due to a court error it went through on my petition so I need to apply for the Absolute).

Meantime we have a sale proceeding on the former material home. I have found a new rental place to live - which I need to move into during Feb - I get the keys on 1st Feb - and plan to move out by the 2nd week of Feb - however I simply cannot afford to pay the last months mortgage and my rent/deposit - so have told the ex that either for this month we will have to pay half each (he has not paid a penny towards the house since he moved out - whilst when we first split up I paid half the mortgage for 4 months even though it was just him living there) so whilst this is not ideal i do feel I am not asking too much from him.

But once I told him this he has gone from being amicable and talking on the phone to now only emailling me and he wants to see a copy of the Financial Agreement (he obv should have his own copy or can get from his solicitor... but for some reason asking me) so I have a sneaky suspicion I am going to get a solicitors letter over this.............

It is not as though we have to pay this money out as the house should complete by the end of Feb so it can be taken off of the mortage redemption figure - and we are talking about £300 each...............................

Obviously if i had the funds I would pay but i just cant afford both rent and mortgage same as him! and at least i have been honest with him and told him - as i could have just left it.........

I will be fuming if this reflects on the sale of the house and the sale falls through!

Sorry one more question.

My husband has still not applied for the absolute and wants to see a copy of the Financial Consent Order - I am really worried he is going to try and go back on this agreement - which means neither of us will get the proceeds of the house until it is sorted.

if he does want to contest this signed order what would he have to do and what time limits etc are we talking about??

If you both consented to the order, your husband would have difficulty appealing the order.

However, you cannot enforce the order until the decree absolute has been obtained so why not pay the £45, finalise the divorce and seek to enforce the order in the event that he fails to adhere to the terms of the order?

Charles