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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.


Proceedure Advice

  • IGH
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10 Jun 12 #335962 by IGH
Topic started by IGH
I hope somebody can help me with this legal proceedure problem I have.

I have applied for Decri Nisi in a non contested 5 year separation divorce, which we are dealing with as a DIY matter, as it is not confrontational.

The Judge is not satisfied with the papers and has asked for two changes to the Petition as follows:

A box needs to be ticked and a date amending. This I can do, but not use of what needs underlinning and re-writting in red etc.

He has also asked for
1. Permission to amend the petition accordingly
2. Permission to dispense with the re-service of the Petition.
3. A fresh affidavit. (I do not have any problems with this)

Questions:
1.Is there a protocol for ammeding the petition (red lines etc)
2. How do I ask for the permissions 2 and 3 above, are there forms? standard proceedures etc?


Many thanks

IGH

  • rubytuesday
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14 Jun 12 #336676 by rubytuesday
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Can anyone help?

  • dukey
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14 Jun 12 #336681 by dukey
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A box needs to be ticked and a date amending. This I can do, but not use of what needs underlinning and re-writting in red etc.

He has also asked for
1. Permission to amend the Petition accordingly
2. Permission to dispense with the re-service of the Petition.
3. A fresh affidavit. (I do not have any problems with this)

Questions:
1.Is there a protocol for ammeding the petition (red lines etc)
2. How do I ask for the permissions 2 and 3 above, are there forms? standard proceedures etc?


So at the top on the first page write "AMENDED PETITION" in black ink then underline in red, so you write in black and underline in red always when amending, the two parts the judge asks to be amended underline both in red, including the box.

All you need is a fresh D80, the judge is being kind here! what s/he is saying is you don`t need to serve the petition again just amend the petition and do a new affidavit (not that they call them affidavits this week ;))

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