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History: Home UK Divorce Forum
Financial order and living together (1 Post)
Started By:
16 September, 2017 01:20PM
Financial order and living together
cath900305 - 16 September, 2017 01:20PM
Hi. A little background on my situation - I've recently started divorce proceedings and am almost at the decree nisi stage, so my ex and I have now started discussing finances. We are both in our late 20s, no children, similar incomes, no current savings (well I'm using the 1k I had towards the divorce costs but that's it), have been married 5.5 years (separated at 5 years 2 months), and are currently still living together in the same house. We own our house and are looking to split the house equity one third to him and two thirds to me. This reflects the contributions we both made to the deposit when we bought the house and the face that I have paid for and personally undertaken most of the renovation of our house, and my soon to be ex husband is in complete agreement with this. I am divorcing him on the grounds of unreasonable behaviour which I won't go into the specifics of, but despite this things are very mutual between us and day to day we get on fine. We both want a clean break financially so are looking at a financial consent order where I buy out his share in the house. I have a solicitor acting for me, however he doesn't as he refused to pay for the assistance of one.

He has asked if he can stay living in the house for a few months after the divorce is finalised. Obviously in an ideal world he would move out asap, but this would be a short term arrangement (up to 1 year maximum, probably much less than this) only while his family are renovating their house. The plan is for him to then move in with his parents to help care for his mum who is in ill health (this is his choice and is not due him to not being able to afford to rent somewhere). The reason he can't move in with them straight away is due to lack of space there while the renovation and extension work is going on. We would however need to figure out what he would and wouldn't pay for whilst remaining there, but I'm guessing I would solely pay the mortgage as it would be in my name which I'm fine with.

The reason we don't want to wait longer than we absolutely have to to do the financial order is that he needs the buy-out sum asap for a deposit on a car (his current car is off the road and will cost more to repair than it's worth so he's spending a fortune in taxis to and from work) and also he wants to pay his personal (not joint) debts to avoid any further interest. Neither of these he can do until he has the money off me which I will get by remortgaging (which I know I can definitely do). Also we both want the financial order done asap for both of our peace of minds so we know what we've each got financially.

My queries are:

1. How would this be declared on the D81 form where it asks about where the parties will live? Would I say he's going to be living with me as that will be the very short term arrangement? Or with his parents as that's the long term arrangement?

2. If we were to live together short term after the divorce is finalised, which I know some people do, would this have any implication on us being able to have a financial order agreed whereby I buy out his share in our house now? Would the situation affect a financial order being agreed by the judge in any way?

3. Would the financial order instruct him to move out on a set date, or just the way the finances are split?

I appreciate this is a slightly odd situation, and ideally I would prefer him to move out now, but as we generally get on ok I don't really have an issue with him staying in the house a few months longer. For those wondering, we really couldn't make our marriage work despite getting on ok, we did try and it's well and truly over.

Any thoughts anyone? Yes I know I should ask my solicitor, and I will, but he's on holiday for the next 2 weeks and this has got me worrying a little wth how it will work and any implications.

Thank you for any advice and examples of your experience you can give.
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