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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.

Form B

19 replies

MadelineJamesu · 12/04/2021 18:55

Hi, does completing a 'form b' mean I am asking the court to decide on finances? Feeling overwhelmed! 🤯

OP posts:
BoxitUp · 12/04/2021 18:57

No but also wondering this.

MadelineJamesu · 12/04/2021 19:28

Does it just mean that I don't want the absolute issued until finances are sorted??

OP posts:
MrsBertBibby · 13/04/2021 00:02

Why do you want to delay the decree Absolute?

Jamboree01 · 13/04/2021 00:44

Solicitors tend to advise not having the decree absolute issued until financial agreement reached and sealed by court

Jamboree01 · 13/04/2021 00:47

www.ts-p.co.uk/publications/financial-provision-on-divorce---the-procedure/download

This might help explain. Just found it on Google.

MrsBertBibby · 13/04/2021 07:45

Yes Jamboree, I am a family solicitor.

My question is whether the OP has any reason to think it necessary in her case.

Jamboree01 · 13/04/2021 10:46

Maybe needs to get financial aspects sorted first?
might be helpful to let OP know your take on form B rather than answering a question with another question. Has stated they are overwhelmed.

MrsBertBibby · 13/04/2021 11:38

My advice about firm B is entirely dependent on the circumstances of the case, so unless the OP can say why she thinks it is necessary, ie that she would suffer some actual disbenefit if DA were pronounced before a financial order is made, then no one can help here.

Jamboree01 · 13/04/2021 12:59

Your ‘answer’ emphasises one of the reasons OP has asked the question 🙄

Simple reasons/ examples as to why OP might have to complete Form B might have helped 👍🏻

OP isn’t sure why they have to complete it hence the. question.

HosannainExcelSheets · 13/04/2021 16:47

Slightly sidetracking but what circumstances are there disbenefits and when does it not matter about the DA.

I'm putting off my DA to sort finances, but only based on a generic view that "it's best" to do that way around.

MadelineJamesu · 13/04/2021 18:58

@MrsBertBibby

Why do you want to delay the decree Absolute?
Because financial discussions haven't even begun yet. There is a big disparity in income. I can afford to keep the house ONLY if he signs over his equity to me.
OP posts:
MadelineJamesu · 13/04/2021 18:59

@Jamboree01

Thank you x
OP posts:
MadelineJamesu · 13/04/2021 18:59

@Jamboree01

Maybe needs to get financial aspects sorted first? might be helpful to let OP know your take on form B rather than answering a question with another question. Has stated they are overwhelmed.
This is exactly why. Thank you for your support x
OP posts:
MrsBertBibby · 13/04/2021 19:14

Wanting to sort the finances first is not a valid reason to enable the Court to grant your application, though.

Neither is wanting all the equity: the Court will grant you the same share of equity regardless of when DA is pronounced.

Who owns the house?

MadelineJamesu · 13/04/2021 19:30

@MrsBertBibby

Wanting to sort the finances first is not a valid reason to enable the Court to grant your application, though.

Neither is wanting all the equity: the Court will grant you the same share of equity regardless of when DA is pronounced.

Who owns the house?

Thank you for replying. I've not had any legal advice as yet. Ex has submitted petition - I'm agreeing to it (online on Gov website). Website then asks if I want to delay decree absolute ...?

We own the house jointly. I've worked part time raising our children. I now work full time term time and there is a huge difference in salary.

OP posts:
Jamboree01 · 13/04/2021 20:16

It’s all very overwhelming OP. There’s so much to get your head around. Is there any way your ex would sit down with you to agree what you both want- I know it is often impossible to do that when it comes to divorce.

I would suggest you try to get some legal advice before signing anything at all. Some solicitors offer 30 minutes free so you can get an idea of what the options are.

You will need to ensure that you protect your future earnings/ pension etc... as well as the family home.

💐

MadelineJamesu · 13/04/2021 23:10

@Jamboree01 thank you. I know. I have booked an appointment with a solicitor (one a friend has recommended). I know I need to secure future financials for myself & the children.

We are amicable ... other than talking money ... he wanted us to exchange finance on a spreadsheet he created as opposed to completing a form e... 🙄. I've agreed to nothing - other than I don't object to the divorce!

OP posts:
Watermelons29 · 14/04/2021 08:32

I filed a form B to maintain matrimonial home rights until finances sorted out. It sounds like this wouldn't be an issue for you though.

I remember I had to get the mediation section of the form B signed. Maybe mediation would be an option? It wasn't suitable in my situation. However, your ex seems slightly more reasonable in even suggesting a spreadsheet. He would be requested to do a form E as part of mediation.

MrsBertBibby · 14/04/2021 09:03

As your home is in joint names, you don't need to delay DA to preserve your right to occupy.

So the next Q is about pensions, and widows benefits. Does he have any occupational pensions? It is vanishingly rare nowdays for there to be benefits specifically for widows, most are discretionary. So again, your rights would not be affected by a divorce.

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