I am the petitioner in the divorce and Decree Nisi is to be pronounced next month. I have petitioned on her unreasonable behaviour.
1. I would like to prepare a consent/Clean Break order that dimisses claims on pension sharing etc (as agreed with my ex). I will be getting a Solicitor to check the forms but would like to know if there is any where I can get an exmaple ??
2. I might be expecting some monies as part of a civil injury claim after a RTA involving me and not my ex. I am hoping that any payment will include an element of 'lost' money (such as for travel, hospital parking and expenses) and an element for pain and future surgical intervention (as has been confirmed by the expert medical reports). My questions here are:
a) Do I have to 'declare' this as capital if any payout is made before completion of Form d81 'Statement of Information' ?
b)The compensation will be for my pain and suffering so far and for providing to cover the costs of expected future medical intervention and losses - how will this be viewed by the Court if I do have to 'declare' this as capital. I do not see why my future health has to be compromised esp. since she left me for someone else ?!?
1 - Hopefully someone else will pick up this for you
2 - If they physically exist at the time of declaration, all assets need to be declared. Penalty for non-declaration may result in Consent Order and clean break being overturned - just not worth it.
Your future needs should be taken into account in the settlement, particularly if there is an ongoing requirement for care.
Seems harsh, but that is how it is.
Best of luck with it