D8 form question(5 Posts)
How long does it take for a D8 form to be approved generally? I think I have been told about 2 weeks. My solicitor would then be dealing with serving the papers.
Does the length of time seem right? Or should I allow longer?
Depends on the court. In some of the south eastern courts 2 weeks sounds about right.
I am filling out the D8. My ex wants the paperwork exercise completed as he is in a new relationship and his new partner understandably would like him to be divorced. I however want the consent order to form part of the divorce and have been advised to petition the divorce so I have the control over timings. I seem to be stumbling at the first hurdle as on the final section of the form there are a lot of financial orders you can request. I was advised to tick them all as it is more complicated to go back at a later date to request something I had not ticked. Surely I would need to decide between an order for maintenance and a lump sum order but not both? Should I really be looking at finding a solicitor at this stage to help me? I was expecting to find a solicitor when my ex and I have amicably (ever optimistic!) agreed everything to ensure it is all made official. Any advice in how best to complete the form would be useful. Thank you.
There is no substitute for legal advice if you can afford it. IF you have limited resources though the divorce is relatively simple to do yourself if you are articulate, and prepared to do some research and form filling. The finances are more complicated and you will most certainly need a solicitor at least to draft an agreement you have reached between yourselves into a form which can be approved by the court. The books Which? guide to divorce, Do your Own Divorce by John Bolch, The Family Court Without a Lawyer by Lucy Reed and the guides D183, D184, D186 and D187 are among the better resources available to people who can't afford a solicitor.
With the prayer in the petition you tick all the boxes (apart from Maintenance Pending Suit) to leave the options open until a final settlement is reached. You would be amazed at the number of couples who start off amicably only for the situation to degenerate into all out war. Using your example the former matrimonial home could be transferred into the name of one party who would pay a lump sum to buy out the other spouse's share. If there is a discrepancy in incomes but not a huge amount of resources a regular monthly maintenance payments from the higher income spouse to the lower income spouse could be appropriate.
Thank you very much for your advice STIDW. I have downloaded the guides you mention and now have 2 of the books on order. I really appreciate your help.
And so my journey begins....
Join the discussion
Registering is free, easy, and means you can join in the discussion, watch threads, get discounts, win prizes and lots more.Register now »
Already registered? Log in with:
Please login first.