advice before applying for final order and children

[peeta]

Hi,

I have been applying on my own for divorce and got conditional order and now eligble for final order.

Me and my soon-to-be ex wife are separated for many years and have not spoken since.

I am not interested in any of her money or property - just want to re-marry. I read online that I need to seek legal advice before applying for final order.

can somebody advice what sort of things I need to get help on pls if I am not interested in her money. I just want to avoid any claims from her in the future though.

We also have 2 children whom I have not seen for many years as she would not let me (I do not even know where they live) - is there anyway I can get legal order to see them.

Thanks

[atticus]

You can apply to the Family Court for contact with your children through what is known as a Child Arrangements Order.

You should read these pages: https://www.gov.uk/looking-after-children-divorce

[peeta]

thank you atticus , I have read this, but this can be applied anytime right? not necessarily before applying for final order? I was mainly asking what sort of things I need to consider (which I cannot go back to ) before applying for final order.

[peeta]

any advice on the above please atticus ? Thanks in advance

[atticus]

Sorry, this really is not my area.

[peeta]

thanks atticus - do you know anyone else in this forum who may be able to point me in the right direction please?

[echat11]

Celestine Petta, Celestine might be able to help, but may take time to respond, be patient.

[peeta]

thanks echat11 , I will be patient.

hopefully Celestine may respond in the next couple of weeks.

[Celestine]

You need to ensure you get a 'clean break' final order which prevents either party from seeking future financial claims. I would definitely explore speaking to a divorce solicitor, perhaps just a one hour free/fixed fee meeting to clarify how to achieve this.
A Child Arrangement Order would be necessary to reinstate contact with the children. What are their ages now as this affects how likely you are to be granted access.

[peeta]

You need to ensure you get a 'clean break' final order which prevents either party from seeking future financial claims. I would definitely explore speaking to a divorce solicitor, perhaps just a one hour free/fixed fee meeting to clarify how to achieve this.
A Child Arrangement Order would be necessary to reinstate contact with the children. What are their ages now as this affects how likely you are to be granted access.

thanks a lot Celestine ,

I have two kids and they will be 17 and 13 this year. I had paid child maintenance ages ago (stopped in 2016 I think, when I had major operation and was without income) and since then there is no ties between me and them whatsoever. I have not seen them since 2013 as that is when I separated from my wife.

My ex has shown absolutely no interest in the proceedings so far, but I want to protect myself against any future claims as she is unpredictable. I may not be able to afford 1 hour legal councel as well as I am still on low income, hence why relying on Internet and forums like this.

any advice with the context above will be helpful and or any sign posting for any online stuff which I am happy to read through.

thanks

[Celestine]

Do you know your ex wife's address, she will be needed to cooperate with the divorce.
Clean break sounds achievable, the child maintenance issue is kind of separate in that if she wanted maintenance, she could have pursued via CMS. Do you have any outstanding CMS arrears as these will need settling? If there are no joint assets/accounts, you should just apply online and try and get as far as possible. After conditional order stage (nisi) the decision can be made to seek a financial order or not, this issue does not stop you getting things moving on the divorce front.
As for the children, honestly, given their ages, it is going to be hard to pursue via courts. Instead, you should perhaps start by writing to their Mum, enclosing letters and asking for contact.

[peeta]

thanks a lot Celestine ,

I have two kids and they will be 17 and 13 this year. I had paid child maintenance ages ago (stopped in 2016 I think, when I had major operation and was without income) and since then there is no ties between me and them whatsoever. I have not seen them since 2013 as that is when I separated from my wife.

My ex has shown absolutely no interest in the proceedings so far, but I want to protect myself against any future claims as she is unpredictable. I may not be able to afford 1 hour legal councel as well as I am still on low income, hence why relying on Internet and forums like this.

any advice with the context above will be helpful and or any sign posting for any online stuff which I am happy to read through.

thanks

thanks Celestine for the answers.

I do not know her address, but filed D8 and got the courts to accept notice via Social Media which had been granted and have gone as far as being eligible for final order as I mentioned in my post#1.

my question was what are the things I should consider before applying for final order which I cannot do after making such an application given my desire to see the children and have a clean break financially from her.

Knowing her, dont think she will cooperate with me unless courts intervene.

Thanks

[peeta]

Hi Celestine , is it possible to get a reply on the above please? Thanks in advance

[Celestine]

The final order of the divorce only applies to the financial aspects such as maintenance, property, pensions, inheritances etc. Contact with the children cannot be established via the divorce order for finances. You would need to make a child arrangements order application;citation separately to achieve that goal.

[peeta]

Hi Celestine , is it possible to get a reply on the above please? Thanks in advance

thanks a lot Celestine

so, since I am not looking to get any financial settlement from my wife, I can make the final order without worrying about anything I may not be able to do after I make the application for final order?


As I understand it, only think I need to consider before making final order are the finances which I am not interested in.

or is there anything I should do to prevent my wife from claiming anything from me after final order is made please?