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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.


Help Needed to fill D8, D80D etc

  • I_have_no_rights
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14 May 12 #330380 by I_have_no_rights
Topic started by I_have_no_rights
Hi All,

Just joined an hour ago, great forum! Thanks to the forum members for keeping it this way.

I (the husband/petitioner), in the process of filling in the application forms and have the following questions, i am hoping member here could help:

1) D8: Part3: Jurisdiction:we were married abroad but have lived in England since(6 years).
a) Should Article 3(1) be ticked?
b) AND The Petitioner and respondent are both habitually resident in England and Wales?

2) D8: Filing on basis of 2 yrs separation with consent; Part 6:Statement of case, there is a note where it says:''In all cases, please state briefly any relevant details......'' - Does this section, still needs to be filled?

3) D8: Prayer -> (3) - Financial Order - I have agreed in principal with my STBX that we will discuss the child maintenance and other financials between us and get a final Consent Order drawn by a solicitor. So, DO i have to tick any of the boxes in this section?

4) D80D: (Statement of Affidavit 2 yrs consent) - Can the date of separation(point4) and date marriage came to an end(point5) be the same?

Look forward to your help...

I have a general question, i have been considering using the wikivorce solicitor service (Divorce and Financial Settlement by solicitor-£279) to ensure that the process is handled by someone who knows what they are doing. I wonder if any forum members have used their service, how well it works in terms of process? In reality, is the service as good as it is described on this site? It has been mentioned that it takes about three months from start to get a Decree Absolute in case of uncontested divorce where all arrangements (financial and children) are agreed. Is this true?


All your help much appreciated.

Thanks,
i_have_no_rights

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14 May 12 #330397 by cookie2
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I_have_no_rights wrote:

1) D8: Part3: Jurisdiction:we were married abroad but have lived in England since(6 years).
a) Should Article 3(1) be ticked?
b) AND The Petitioner and respondent are both habitually resident in England and Wales?

You can just tick the first box. They''ve made a right pigs ear of this section on the new forms. It was so simple before.

2) D8: Filing on basis of 2 yrs separation with consent; Part 6:Statement of case, there is a note where it says:''In all cases, please state briefly any relevant details......'' - Does this section, still needs to be filled?

You can just write that the marriage broke down on --DATE-- and that you have not lived together as husband and wife since.

3) D8: Prayer -> (3) - Financial Order - I have agreed in principal with my STBX that we will discuss the child maintenance and other financials between us and get a final Consent Order drawn by a solicitor. So, DO i have to tick any of the boxes in this section?

You should tick all boxes except maintenance pending suit. This is just a formality, in case negotiations break down. It doesn''t mean you have to pursue any of these claims.

4) D80D: (Statement of Affidavit 2 yrs consent) - Can the date of separation(point4) and date marriage came to an end(point5) be the same?

Yes, but you don''t fill in D80 until after you''ve got the D10 back from the respondent.

It has been mentioned that it takes about three months from start to get a Decree Absolute in case of uncontested divorce where all arrangements (financial and children) are agreed. Is this true?

3 months is the Absolute minimum if everyone returns paperwork as soon as they receive it, and the courts are not too busy.

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14 May 12 #330399 by dukey
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Lots use the wiki service because it is handled by a solicitor unlike most if not all other online services, i personally used it for the divorce and Consent Order, it took around 14 weeks, the only issue i had was with the judge considering the consent order, the reason was my ex refused to have a solicitor, long story short it was sorted without a problem, most who use the service leave the site once they are sorted so don`t expect loads of replys to this.

To answer your questions.

1) D8: Part3: Jurisdiction:we were married abroad but have lived in England since(6 years).
a) Should Article 3(1) be ticked?
b) AND The Petitioner and respondent are both habitually resident in England and Wales?


Tick the first one then habitually resident, and that bit is done.


2) D8: Filing on basis of 2 yrs separation with consent; Part 6tatement of case, there is a note where it says:''In all cases, please state briefly any relevant details......'' - Does this section, still needs to be filled?

Yes

On (date) the parties mutually agreed to separate.

ii) The parties ceased sharing the same property on (date).

iii) The Respondent consents to the divorce.

iv) The marriage has irretrievably broken down.



3) D8: Prayer -> (3) - Financial Order - I have agreed in principal with my STBX that we will discuss the child maintenance and other financials between us and get a final Consent Order drawn by a solicitor. So, DO i have to tick any of the boxes in this section?

Tick them all bar the first box.

4) D80D: (Statement of Affidavit 2 yrs consent) - Can the date of separation(point4) and date marriage came to an end(point5) be the same?

Yes and it often is.

If you do this alone make sure D8 is correct if not you get charged £90 to amend it, and you will be given little if any idea what you got wrong, worse still the amendment process is rigid, so you could correct it and still have it chucked back, so if there is a problem post on wiki before you amend it.

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14 May 12 #330400 by dukey
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Dam Cookie types fast :blink:

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14 May 12 #330498 by I_have_no_rights
Reply from I_have_no_rights
Many Thanks Cookie2 and Dukey for your responses. Based on your helpful responses, i have ordered the complete managed service.

As i only have 1 marriage certificate (no copies and issue overseas), I called the wikivorce helpline to check how my certificate will be handled by registered post etc. I was told that a local solicitor will be assigned to my case and they hand deliver the documents to the local court.

I live in London and i have been assigned a solicitor in Wales, i will call the helpline and see if i can have that changed. Just concerned if my marriage certificate is lost (sometimes special delivery can loose it as well) then it will cost me dearly in terms of money and time.

Has someone here had a similar experience with the wikivorce service?

Thanks
IHNRs

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14 May 12 #330499 by dukey
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I think you may have the wrong end of the stick, you post it to them then they hand deliver it to court, I have used special delivery for the last fifteen years weekly without a single loss, recorded should be fine, if your really worried about it you could take it to a solicitor and have them DX it.

Wiki don''t use local solicitors in fact the bar for the standards of the solicitors they work with is very high, I think they work with two practices and now and again a third, the one in wales focuses on divorce, it''s just about all they do.

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14 May 12 #330501 by I_have_no_rights
Reply from I_have_no_rights
Thanks Dukey. Your response helps.

Hopefully, it won''t come to this as my stbx has agreed to resolve any disputes between ourselves, but if there is a court attendance required, this would mean heading out all the way to Wales (I suppose?).

Do you know by any chance where the other solicitor service that Wiki uses is based?

Thanks again for your help.

Regards,
IHNRs

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