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Divorce petition help! What does this mean?

(8 Posts)
Homely1 Fri 19-Feb-16 10:26:42

On a petition for divorce, do husbands ask for financial orders?!?!

penelopewellingdon Fri 19-Feb-16 21:51:38

Yes, if they want to.

Sometimes both parties apply. Sometimes only one. Sometimes one party is the petitioner for the divorce and the other party applies for a financial order.

Remember that the family court's remit is to supervise a fair distribution of the assets, so the higher earner might actually want an order, perhaps to put an end to any future claims or protect their pension.

penelopewellingdon Fri 19-Feb-16 21:52:29

Just re-read your OP. Is there something in the petition, or the notes, which is confusing?

Homely1 Fri 19-Feb-16 23:40:38

Thank you. How does the higher earner by wanting an order protect themselves? I assumed that by applying for a financial order, the petitioner is claiming from me.

DeoGratias Sat 20-Feb-16 16:13:25

I earned 10x my ex husband as plenty of women do so of course men have rights on divorce to money! It is 2016.

Also anyone divorcing who is sensible wants a final sealed consent order dealing with finances.

You might as a higher earner want a clean break with no on going maintenance to the lower earner. I wanted a clearn break. He got 59% of joint assets and no obligation to support the children and that was better for me than my having to pay him on going maintenance/support.

Homely1 Sat 20-Feb-16 20:12:58

Thank you... He is the higher earner (he's actually never told me salary or assets) but I know that he is from his job. That's why I was baffled by this initially. Short marriage also. What contact does he have to DC?

penelopewellingdon Sun 21-Feb-16 09:31:00

Yes, the fact that he made the application doesn't mean he expects you to pay him something. It sounds as though he wants to define (or limit) the amount that you receive, which is fair enough - better than you being left dangling with no idea what your assets or income might be.

Short marriage is barely relevant when you have DC together - the needs of the DC for housing & security tend to define the way the finances are split.

Contact depends on what you agree between you, either by discussions or through mediation; or if you can't agree, what the court orders. But orders about children and contact (now called child arrangement orders) are totally separate from financial orders. Assuming he has a decent relationship with DC but that his work commitments mean he won't be doing a big share of the care, it is quite usual for him to see the DC alternate weekends and perhaps once mid week as well. It all depends.

Homely1 Sun 21-Feb-16 23:35:52

Thanks you.... You have put my mind at ease

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