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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.


D8 part 3

  • smudger76
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19 May 12 #331535 by smudger76
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I''m hoping someone can help me!! My husband is now a American resident and i have obtained a order to dispense with service from the courts as i''m not sure where he lives over there. I have applied for divorce and in Part 3 of the divorce i had ticked the Article 3(1) box and nothing else, i have had a response from the court stating that i incorrectly completed the form and leave for Petition to be amended and dispense wit re-service, but Petitioner must file with amended petition a fresh affidavit dealing with amendment.

Two questions will i have to pay the £340 again and what did i do wrong?

Just to clarify we were both born in the UK and i have always lived in the UK

Thanks

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19 May 12 #331541 by dukey
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Dispensing with service is far from easy to do without a solicitor.

How many forms have you completed so far, just D8?

Under section 3 tick the 3.1 bit then under tick habitually resident, what else is wrong is imposable to say without seeing it.

No you wont pay the £340 again but you will have to pay £90 each time its sent back.

To amend write "amended application" at the top and underline in red, also underline in red any amendments.

Have a good look at the other forms and make sure your happy to complete them, if not wiki can do it for you, the cost is £480, ill dig the link out that explains the service.

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19 May 12 #331601 by smudger76
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thanks dukey,

I filled in a D13b and a D8. The D13b was granted and I have since completed a D80E and D84 (undefended case) to which I had the response from court stating the court is not satisfied I am entitled to the decree sought because “ Part 3 of the Petition is incorrectly completed and fails to deal with the issue of either habitual residence or domicile. Leave for the petition to be amended and dispense wit re-service, but Petitioner must file with amended petition a fresh affidavit dealing with amendment”

I am not sure if I have ticked the wrong section completely on Part 3 as I am sure my hopefully soon to be ex husband is now a American citizen and has lived there for 6 years.
Any further help would be great,

Thanks,

Tracy

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19 May 12 #331604 by dukey
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Tracy

You''ve done very well making only one mistake to get this far, the divorce will be granted based on your domicile and habitual residence, his status now won''t matter.

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19 May 12 #331634 by smudger76
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Thanks but I think it was more by luck than judgment, that and some very helpful court attendants :)anyway sorry to labor the point but I need to tick the 3(1) box and then on the following grounds tick that the Petitioner and respondent are both habitually resident in England and Wales?

thanks again

tracy

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19 May 12 #331635 by dukey
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Yup that''s right Tracy just add a note that the respondent status is unknown, it often is when you need to dispense with service but it''s the way it''s done.

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