Talk

Advanced search

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

confused

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!

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now