Amicable divorce, can the court force something neither of us want?

Janice555

Hi,

Getting an amicable divorce, looking to probably use one of the simple online services.

No children, no mortgage, but we both have assets, savings & pensions. I don't want anything financial from him and he does not either from me, just the legal break so we both can get on with our lives.

Can the courts force any financial settlement based on our financial disclosure documents? If they do we would only want to return whatever it is to each other and probably incur tax in doing so.

Thanks
J

XsApollo

Janice555 wrote: »

Hi,

Getting an amicable divorce, looking to probably use one of the simple online services.

No children, no mortgage, but we both have assets, savings & pensions. I don't want anything financial from him and he does not either from me, just the legal break so we both can get on with our lives.

Can the courts force any financial settlement based on our financial disclosure documents? If they do we would only want to return whatever it is to each other and probably incur tax in doing so.

Thanks
J

No they won’t, if ye both agree to whatever ye agree to.
Why would they?
Just nearly finished going through a diy divorce myself.
Pretty straight forward, but a bit of paperwork.

Janice555

Thanks!

Best of luck for yours and glad it's being straightforward.

XsApollo

Janice555 wrote: »

Thanks!

Best of luck for yours and glad it's being straightforward.

Thanks, yea it’s straightforward enough , that’s with kids and 2 properties.
Being amicable and no grievances is what makes it that way.

Good luck.

BronsonTB

Just get a seperation agreement drawn up now with your solicitors.
Then the court usually just rub stamps this making it all official & finalised when the time comes.

1874

XsApollo wrote: »

Thanks, yea it’s straightforward enough , that’s with kids and 2 properties.
Being amicable and no grievances is what makes it that way.

Good luck.

It was my understanding, which I belive I gathered from Citizens advice and reading up on it elsewhere, that a Judge can overrule an agreement between two people seeking a divorce?

Especially if there were children or even in the case if one spouse owned a property for a significant period prior to marrying, that essentially if neither party wanted any of the other persons other assets, that the Judge could still overule this.
IMO if 2 people have come to an agreement prior to attending the Courts, the Courts should merely be for officially rubber stamping it, even then that shouldn't be necessary.
Judges have far too much power and I belive it is possible they can overule any agreement between two adults.

mountain

1874 wrote: »

It was my understanding, which I belive I gathered from Citizens advice and reading up on it elsewhere, that a Judge can overrule an agreement between two people seeking a divorce?

Especially if there were children or even in the case if one spouse owned a property for a significant period prior to marrying, that essentially if neither party wanted any of the other persons other assets, that the Judge could still overule this.
IMO if 2 people have come to an agreement prior to attending the Courts, the Courts should merely be for officially rubber stamping it, even then that shouldn't be necessary.
Judges have far too much power and I belive it is possible they can overule any agreement between two adults.

If the parties have reached an agreement, it still goes in front of a judge for approval, who can then change it.