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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce petition help!

4 replies

Cheekychops10 · 01/10/2016 12:58

Hi everyone. Would appreciate some advice. I am divorcing my narcissistic husband -i have one little one. On the divorce petition my solicitor has not ticked the child claim boxes and says you do not have to unless the child is adopted. Is this true? I do not want to loose on any claim my son may be entitled too. He has ticked all the boxes for me though.
Ive not been lucky with solicitors so am double checking...thank you xx

OP posts:
MrsBertBibby · 01/10/2016 13:56

I always tick the lot when there are children, whether of both or either party.

The adoption thing is nonsense.

Cheekychops10 · 01/10/2016 14:15

Thanks BertBibby...what does the ticking actually mean that you can claim top up expenses? My solicitor is so confident that you don't as it is apparently an old form.

OP posts:
FV45 · 01/10/2016 22:34

My understanding is that you should tick all the boxes regardless. If you don't you will not be able to go back and make those claims should circumstances change.

I filed for divorce and even though I am not making any financial claim from my ex I was advised to tick them all.

Having an old form isn't very professional or encouraging.

MrsBertBibby · 02/10/2016 00:08

You tick the boxes so your claims are made. They are then activated by form A, and dismissed when an order is made (hopefully by consent,)

If you don't tick the boxes in the petition, you can't claim later without first seeking the court's permission.

If the form is "old" then the Court will reject your petition. Your Solicitor sounds a little sketchy, I fear.

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