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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.

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Statement of Arrangements returned

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09 Aug 12 #348435 by BilboBobbins
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Hello

I would appreciate some advice on a problem I have encountered with my divorce.

I applied for the Decree Nisi two months ago and yesterday I received a letter from the courts saying the decree application was rejected and the statement of arrangements was returned.I was so upset as I was so happy thinking it meant my Decree Nisis date had finally come through. In short it was because my old solicitor detailed my step children as ''children of the family'' incorrectly in the divorce petition (they live with their mother, their father has some limited access, he and I are divorcing and I have no contact with them since we seperated over two years ago - his choice, not mine, I was devastated)and so the court was seeking a statement of arrangements for them thinking one was needed when it wasn''t (I think).

After I filed the petition etc I changed solicitors as I was unhappy with my old one for other reasons but did not know about this - I had assumed her filling out the petition had been accurate because she knew the scenario details and I did not understand the term ''Children of the Family'' for what it was, hence why I signed it - I assumed as she had put this it meant all children in both families. My new solicitor is not available this week to answer my queries and I am really stressed about what this means.

1) Do I have to start from scratch with a new petition?
OR
2) Do I need to fill out the Statement of arrangements for my step children? I looked at it but it does not make sense to.
3) Will I have to pay again for the divorce filing fee?
4) How much more time has this mistake cost me?

I am like many other people already in financial difficulty due to legal fees and also very eager for the divorce to progress swiftly so I am panicking on both levels.

Any information anyone could give would be very helpful.
Thank you

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09 Aug 12 #348439 by cookie2
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1. Probably not, no.
2. Yes. You are married to their father and presumably lived with them during your marriage. Therefore they are children of the family.
3. No not if you don''t need to do another Petition, but you might have to pay an amendment fee.
4. Impossible to say until after it''s sorted.

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09 Aug 12 #348445 by BilboBobbins
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Hello

Thank you for taking the time to answer.

re. point 2) That''s just the thing, I never ''lived'' with them. They would visit for one day access one day out of every weekend three times per month - a private agreement he made with their mother before he and I met. From what I have read this means they are not considered ''Children of the Family''...I think? The same solicitor prepared the Statement of Arrangements and said at the time it was not required for the step children because they never ''lived'' with us.

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09 Aug 12 #348456 by cookie2
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Oh right sorry got confused there, yes if they had only weekend contact then you are right, they are not children of the family. I think you simply need to wait for your solicitor to advise, he/she will have all the facts in front of him/her. But I do think it can be done without restarting the whole process.

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