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Petition papers - tick boxes on Financial Order (last page)

(14 Posts)
WeAreNotInKansasAnymore Sun 26-Mar-17 15:15:11

We are DIY on advice of solicitor.
Splitting house & assets & care of children.
Husband is Petitioner.
We've put forwards our plan of how to split the childcare, assets, equity, etc. He won't touch my pension, nor I his, and any debts will remain separate, ditto any savings.

I would welcome your advice on the boxes he has ticked. He has completed the form on advice from his solicitor.

The last part says:
(3) Financial Order (if you wish to make an application for a Financial Order). That the Petitioner may be granted the following Financial Order(s):
He has ticked:

periodical payments order (<-- what is this? Sounds like cash from me)

secured provision order

lump sum order (<-- presumably equity from sale of house)

property adjustment order (ditto)

order under section blah blah of Matrimonial Causes Act blah blah (Pension Sharing/Attachment Order) or blah blah Act (Pension Compensation Sharing/Attachment Orders)

As we have agreed we will not touch each other's pensions, why has his solicitor suggested he tick this last one, too?

I know I should ask my own solicitor, but he says it's a matter of course to tick those boxes, and I half believe him. Is he right?

MrsBertBibby Sun 26-Mar-17 15:23:54

Yes, he needs to tick them all, so they are all dismissed when the consent order is made.

It's fine, don't worry about it.

WeAreNotInKansasAnymore Sun 26-Mar-17 15:51:24

Thank you MrsBertBibby, appreciate the speedy reply...

WeAreNotInKansasAnymore Sun 26-Mar-17 20:58:06

I wonder if anyone else can compare notes, please? Would love to get this sent off soon!

MrsBertBibby Mon 27-Mar-17 07:15:24

Why are you paying a solicitor if you don't believe what he tells you?

WeAreNotInKansasAnymore Mon 27-Mar-17 08:16:35

? I'm not paying a solicitor - yet. I want to see what the general opinion would be on here.

It'snot that I don't believe what he tells me. It is that he has his head in the sand and often can't be bothered to check or challenge things.

MrsBertBibby Mon 27-Mar-17 09:42:44


NotJanine Mon 27-Mar-17 10:27:59

I got advice from a solicitor on completing this and was told to just tick them all (even if you don't think they will apply)

WeAreNotInKansasAnymore Mon 27-Mar-17 18:20:03

Why the confused, MrsBertBibby? I don't understand.

Thanks, NotJanine that was the advice he was given, too - tick them all even if you don't think they will apply. I'll see if I can get an appointment with the solicitor I saw at the start, just for peace of mind. Very pleased to hear a consistent message.

TreeTop7 Thu 06-Apr-17 20:29:57

I was petitioned about 4 weeks ago, and I was horrified by all the ticks too! However, a friend who works at the courts reassured me that it was the norm.

TreeTop7 Thu 06-Apr-17 20:30:22

I was petitioned about 4 weeks ago, and I was horrified by all the ticks too! However, a friend who works at the courts reassured me that it was the norm.

EggysMom Thu 06-Apr-17 20:44:25

Yes, it's normal to tick all boxes. No financial awards are made as a result of the Divorce petition, it just opens the door to the Financial Proceedings which are a separate legal process (and result in a Consent Order).

WeAreNotInKansasAnymore Thu 06-Apr-17 20:48:53

This is very reasurring, thank you so much. I checked with a lawyer friend, too, since I posted and everyone is giving consistent replies.

Think I am ready to sign.

Good luck, everyone flowers

CourageCamille Fri 07-Apr-17 13:40:50

Sorry to butt in- I sent my D8 off on Wednesday, but as my (hopefully) stbx and I don't own any property, have no savings and he has a minuscule pension that there's no point in me touching and he'll be in his late 90s by the time I get my pension I didn't tick any of the boxes. Is this likely to be questioned by the court? I'm trying to do everything as cheaply as possible as there's nothing to split!

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