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Final Order

Posted by windout 
Final Order
January 25, 2025 09:14AM
I received an email from HMCTS stating that I could apply for a final order because my ex had not done so. Properties have been valued by surveyor, financial disclosures made by both sides and PODE report completed at the end of November. I contacted the ex's solicitor to say I wanted to proceed but the response was that she had been in touch with the ex in early December but had received no reply. She had previously noted (the ex's solicitor) that she was unable to address questions I had asked about financial disclosures as she had been asked to minimise costs. My kids who reside with me mentioned that they hadn't been able to contact their mother by phone because the number they had was coming back as unavailable, although she has been seen around so hasn't disappeared. My plan was always to instruct a solicitor once details of the final order were available, is it wise for me to instruct a solicitor now to apply for a financial order and sort out the finances? What happens if the ex refuses to respond?
Re: Final Order
January 26, 2025 09:25AM
How important it is to get a final order about financial issues very much depends upon individual circumstances and the factors which weigh with one spouse may be very different when looked at from the viewpoint of the other spouse. Say, for instance, H and W have no assets and H knows that W is going to remarry as soon as the decree absolute is through. In that case there is probably no major benefit in seeking a financial order. On the other hand, if there are significant assets such as a house or pension(s) then it is usually wise to get a final financial order because the downside if that is ignored is potentially very costly.

In each case it is a matter of weighing up the costs of obtaining the order against the potential costs of doing nothing. Usually it requires taking at least some basic advice in order to make a properly informed decision.

An order can be obtained whether the other side co-operates or not although non co-operation does make the process more costly. Having said that, very few people are non co-operative from beginning to end because quite early on the non co-operative spouse will usually be penalised in costs.
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