Divorce Financial Order
The client, located in Wales, has recently finalized their divorce through an online service. They are facing an issue where their ex-spouse is refusing to sign the financial order. The client's financial arrangements were not elaborated upon, and further clarification may be necessary to explore potential solutions.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my options if my ex-spouse refuses to sign the financial order?
If your ex-spouse refuses to sign the financial order, you can apply to the court for a financial remedy order. This involves submitting the necessary forms to the court to initiate the process. The court will schedule hearings and require disclosure of financial information, ultimately leading to a court order if an agreement cannot be reached. It is important to ensure all financial assets are fully disclosed for the court's consideration.
How does the financial order process work if I’ve already obtained a divorce online?
In England and Wales, obtaining a divorce online does not automatically settle financial matters. You will need a separate financial order to address finances, which can include aspects like property division or maintenance. If your ex-spouse doesn't agree, you can apply for a financial order through the court. This process will require both parties to disclose their financial situations.
What consequences might arise if we don't resolve financial matters following our divorce?
If financial matters are not settled post-divorce, you may remain financially tied to your ex-spouse. They could potentially make financial claims against you in the future, including claims on assets acquired after the divorce. Without a financial order, there is no legal closure on these matters, which could lead to disputes.
Can the court enforce a financial order if one party is non-compliant?
Yes, the court can enforce a financial order if one party does not comply. You can apply to the court for enforcement if your ex-spouse refuses to adhere to the financial order. Several methods exist for enforcement, including court sanctions.
What costs might I incur if I need to involve the court to settle financial matters?
If you need to involve the court to address financial matters, you may incur several costs. These include court fees for filing an application for a financial order. Costs can vary based on the complexity of the case and whether you obtain legal representation.
