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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Is a fee required with D36 application ?

  • Meursault
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12 Jan 15 #453576 by Meursault
Topic started by Meursault
Form D187 states that not fee is payable provided the proceedings were started after 1st July 2013.

But wikivorce DIY divorce states that a fee of £90 has to be paid.

Can anyone please tell me which is correct ?

  • rubytuesday
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12 Jan 15 #453582 by rubytuesday
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A fee of £90 is only payable if it is the respondent applying for the Absolute.

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13 Jan 15 #453609 by Meursault
Reply from Meursault
Thanks

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13 Jan 15 #453613 by rubytuesday
Reply from rubytuesday
For clarity, the text from the Wikivorce Divorce guide clearly states that it is the Respondent that pays the additional fee:

If the Petitioner does not apply for a Decree Absolute, then the respondent can apply 3 months after the date the petitioner could have applied for the Decree Absolute. This is 4.5 months and 1 day after the Decree Nisi is granted and the cost is £95 it is more expensive than if the petitioner made application because a hearing is usually required to consider why the respondent is making application rather than the Petitioner.


The court fee has increased by £5, and I have amended the guide to reflect this increase.

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13 Jan 15 #453620 by Meursault
Reply from Meursault
I am Petitioner. As you can see, I''m near the end of the process, which I''ve handled easily myself, thanks to this site. But I did find the last portion of the DIY divorce pages confusing. Everything seemed to get channelled down the ''if you''re respondent'' route - it wasn''t clear to me what was required if you''re petitioner. However I understand now that all I need to do is send in the D36. Thanks again.

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13 Jan 15 #453621 by rubytuesday
Reply from rubytuesday
I agree that some of the instruction is a bit confusing as to whether it is the Petitioner or the respondent who sends in the £95. I''m now making some changes to that particular page on the guide so that the information is clearer. Thank you for highlighting this :)

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