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Filling out D8

(9 Posts)
ratflavouredjelly Mon 09-Sep-13 11:56:58

Well...I'm filling out the D8 form as we speak. Trained as a journalist so find filling out forms and adapting the language ok. have used phrases in unreasonable behaviour Part 6 Statement of Case such as:

The respondent is financially irresponsible blah blah.
By way of example... (and explained the situation further).

I continued on a second sheet and included bullet points of unreasonable behaviour A - F.

I hope this is acceptable by the court as unreasonable behaviour.

I've been drained financially by OH and his debts (he is not working and refuses to leave - so am trapped under the same sodding roof as him) and can not afford a solicitor so am doing most of it myself but will employ a solicitor for Consent order.

ratflavouredjelly Mon 09-Sep-13 12:01:46

Anyone else in same boat?

I also wondered if the helpful MOSagain, Xenia, Collaborate had 5 mins to answer a question?

In Part 10 - of D8 form
(3) asks if you wish to make an application for a financial order.

I'm loathe to do this because of the court fees. Is it £££££££? I don't really understand what (a) and (b) mean. (b) For the children asks if you want to make a financial order for a periodical payments order, secured provision order, lump sum order, property adjustment order.

I'm unlikely to get any maintenance from him. In fact i might be ordered to pay the ** maintenance as the law doesn't seem to favour working mums who are keeping a roof over their childrens head and food on the table while their bone idle partners do sod all.

ratflavouredjelly Mon 09-Sep-13 12:47:03

"The penny drops" bit of a stupid question - can anyone confirm:

Is a financial order (as stated in part 10 of form D8) the same thing as a financial consent order?

In which case I'd better tick that I want one

fuckwittery Mon 09-Sep-13 12:54:57

Yes, tick all the boxes in the financial claims, for you and the children, as even if you think not relevant you should dismiss these claims later in a financial consent order to ensure neither of you have any future claims against each other.
With regards to the particulars of unreasonable behaviour, about 6-8 examples, try not to write more than 3-4 sentences for each, and stick to what he did, how it made you feel/affected you, and roughly when it happened.
E.g. The respondent was financially irresponsible throughout the marriage,running up credit debts without the petitioner's knowledge. 3 months ago the petitioner discovered large amounts of debt which made her feel that she could not trust the respondent.

ratflavouredjelly Mon 09-Sep-13 13:14:10

Thanks fwittery. I've written more than 3/4 sentences for some pointrs. Does this affect the decision? Maybe I should edit it down.

your e.g. example is spot on BTW!!!

mumblechum1 Mon 09-Sep-13 13:19:02

OP it's best to keep the particulars short and to the point as the court just doesn't have time to read more than about half a page of A4 (and frankly as long as you have maybe 3 instances of UB won't read any further). There is a danger that if you go on too much about financial mismanagement that your husband's solicitor will ask for it to be deleted before you issue (as they'll be concerned that you'll rely on it later on in the financial relief stage).

So my advice would be to put maybe 4 or 5 instances in but be prepared to prune that back a bit before issue.

So far as the prayer/claim for financial relief goes, you should leave everything in. It doesn't mean you'll proceed with them all by any means but if you delete something now you can't claim in the future.

ratflavouredjelly Mon 09-Sep-13 13:19:35

Thanks fwittery. I've written more than 3/4 sentences for some pointrs. Does this affect the decision? Maybe I should edit it down.

your e.g. example is spot on BTW!!!

ratflavouredjelly Mon 09-Sep-13 21:15:26

MChum - I'm going to edit down what i've written with that in mind. That's helpful thanks. So - not too much info in the particulars section is best?

mumblechum1 Tue 10-Sep-13 08:10:23

Yes. Put in 5 or 6 very short paras and be prepared to agree to delete 2.

To put it bluntly, the district judge doesn't have enough time to care why the marriage has broken down, s/he just has to tick the box that it appears to have done so.

Also, if you have children and therefore have to have some sort of ongoing relationship with your ex, a character assassination is not going to be helpful.

(retired divorce lawyer of 25 years speaking smile)

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