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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.


my child not listed as children of family?

  • turquoise80
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20 Mar 12 #319228 by turquoise80
Topic started by turquoise80
1. husband has filed divorce, however has not listed my 14 year old son who lives with us under "children of the family"? what should i do?

don''t plan to use a solicitor at this stage- also thinking of cross Petition.

2. he has used a court very far from where we live, how does that affect things?

3. under financial order, he has not ticked (a) that the Petitioner may be granted the following, but has ticked all the options. does this mean he plans to claim order for maintenance pending suit, periodical payments order, secured provision order, lump sum order property adjustment order & order under section etc etc.

thanks

  • Hamilton1
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21 Mar 12 #319285 by Hamilton1
Reply from Hamilton1
You should have received an acknowledgment of service which asks if you are in agreement with the statement of arrangement of children - to which you can answer ''No as he has not mentioned our son - born on the........who currently resides with........''

Cross petitioning is probably going to make matters a little more difficult and longer and so I wouldnt cross Petition unless you feel it is absolutely necessary.

If the Court is far away - then any financial proceedings may be brought there and you may have to attend hearings there - you can request for the matter to be transferred to a Court closer to you.

Lastly, if he has not ticked the boxes he is NOT making a claim for finances at this stage.

Hope that helps.

H

  • turquoise80
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21 Mar 12 #319304 by turquoise80
Reply from turquoise80
Thanks for your reply.

The son is not my husbands child, but as he lives with us, should be listed under "children of the family" and not under "children of either party who are not children of the family". At this that''s what I thought. Can someone please comment of this please?

I''m a bit confused about the financial oder because he did NOT tick the first box (a) THAT THE PETITIONER MAY BE GRANTED THE FOLLOWING FINANCIAL ORDER, but ticked the others, which to my understanding are the types of orders.

So if he does not plan to claim financial why tick all the boxes?

Sorry I''m confused.

  • Hamilton1
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21 Mar 12 #319305 by Hamilton1
Reply from Hamilton1
Yes he should be a child of the family.

Arr I see - Is it possible this was an oversight on his part? IT appears that he will be claiming for finances in that case.

  • maisymoos
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21 Mar 12 #319308 by maisymoos
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I cannot help in relation to your question on orders, but in relation to the Petition and court the same happened to me.

My stbx gazumped me knowing that I was petitioning him on grounds of adultery! He submitted a petition to a court 400 miles away.

I was also going to cross petition but in the end I didn''t due the costs involved, I accepted the marriage was over but stated that I did not concur with the UB allegations.

As for court location, my stbx refused to transfer court. In the end an application to court had to be made to get the case transfered, a hearing date was given. At last minute stbx suddenly changed his mind and agreed to transfer. This did result in costs to me as I had paid for a junior barrister to represent me but there was no way I could travel to the other court as I have two young children.

I am of the total belief that stbx actions were an attempt to stop me applying for Ancillary Relief, the judge at my recent FH saw it this way too, so all and all he did himself no favours!!

  • Emma8485
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21 Mar 12 #319313 by Emma8485
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Is the court he has used near to him? If it isnt then you should get a transfer fairly easily I would hope?

  • turquoise80
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21 Mar 12 #319317 by turquoise80
Reply from turquoise80
no we both live together in london and he has used a court in shropshire, where his mom lives and his solicitor is located. More than 200 miles away for me

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