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Received divorce petition - can anyone help?

16 replies

EachAndEveryHighway · 30/07/2013 23:44

My stbxh has filed for divorce and I received the petition a few days ago. If anybody out there who knows about these things can help me with a couple of the questions on it, I would be really really grateful!!

Background:
We split up 3 years ago and our house has been sold and the proceeds already divided. The split was fair (more-or-less 50:50). We have 2DCs, he pays maintenance, and has them a couple of nights a week.

I am pretty skint as I bought my own place about a year ago, and it requires a lot of renovation to bring it up to what most people would consider a liveable standard.

So - we agreed that stbxh would file for divorce so that he would pay the court fee.

With it being such a straightforward divorce (i.e marital assets already split) I decided not to get a solicitor, and to do it myself. I am now filling in the acknowledgement of service form, and am not sure what to put for questions 6 and 7.
Q6 - In the event of a decree nisi being granted on the basis of two years' separation coupled with the respondent's consent, do you intend to apply to the Court for it to consider your financial position as it will be after the divorce?
I presume the answer to this is 'no' - is that right? Seeing as assets have already been split to both our satisfaction.
Q7 - 'Even if you do not intend to defend the case do you object to paying the cost of the proceedings?'
This question is a bit alarming .... if I put 'no' what would I have to pay?
If I put 'Yes', it says 'If so, on what grounds'? How do I say in formal legal language that I'm skint as every penny of my disposable income goes on house renovation whereas stbxh lives with his parents so has lots of money and can afford it?!

OP posts:
countydurhamlass · 30/07/2013 23:52

q6, no (if everything is dealt with regarding finances you will need to submit a Consent Order to the court at a later stage setting out what has been agreed and you will therefore need a solicitor for this)
q7 - no, insufficient funds, petitioner is not claiming costs in any eveny

EachAndEveryHighway · 31/07/2013 00:03

Hi countydurhamlass thanks so much for responding.

Regarding the consent order, I've just had to send details of all my finances to his solicitor for them to draft a consent order. Will I need to do one too? Or is it ok just to go along with his as long as it looks ok?

Q6 - that's clear - thanks
Q7- sorry that's not so clear. If I put 'no', surely that means I don't mind paying costs?

OP posts:
primroseyellow · 31/07/2013 08:02

Does STBXH have a pension fund because if so that is one of his assets and you need proper legal advice to negotiate your share.

familylawyerlouise · 31/07/2013 10:38

For q 6 I would put "yes if an agreement cannot be reached" and for q7 I would put "I object to paying any costs as the Petitioner and I agreed that he would pay the costs of the divorce". You should ask his solicitors for details of his financial position to see if he has a pension or anything else you can claim against. His solicitors will ask you to reciprocate with details of your finances. If you're happy not to pursue any other financial claims such as pension claims then you'll be ok going along with the consent order prepared by his solicitors but it will be a good idea to get a solicitor to advise you what it means before you sign it.

mumblechum1 · 31/07/2013 14:38

Agree with Louise.

EachAndEveryHighway · 31/07/2013 14:42

Many thanks for your advice primroseyellow and familylawyerlouise.

I know for sure he doesn't have a pension fund despite me suggesting time and time again he should start putting money into a pension, so there's nothing to divide or claim from there.

Thanks for clarifying question 6 and 7 - I will go with what you said louise. As far as the consent order goes, I know somebody who's a retired solicitor so I'll ask her to glance at the one prepared by his solicitors before I sign it.

Right ... will go and get this in the post now.

OP posts:
EachAndEveryHighway · 06/05/2014 14:04

Revisiting this to ask a further question of you kind people!

We are now at the stage of the Consent Order - a draft of which has been sent to me by my STBXH's solicitors. All seems OK in terms of the finances ... the only thing that worries me a bit is the section entitled: Where the parties and the children will live. For the children, it doesn't list either of our addresses, but says 'The children share their time between the above two addresses'. (Mine and Ex's)

Now ... the reality is that they live at my house Monday - Friday, and they go to their dads most weekends Friday pm to Sunday pm. So I guess my question is, is this phrasing OK? Are there any legal implications of putting this rather than my address? Maintenance is sorted btw, he pays me £200 pm.

OP posts:
EachAndEveryHighway · 06/05/2014 21:36

Bump!

OP posts:
respondentchris · 14/05/2016 15:48

I have just received my first letter from the court asking me to respond. I am stuck on q6 and q7.

If financial are clear and 'she' will get a fixed amount, which we have agreed on as a settlement, what do I put into q6? Would I put 'yes' so I can file for a financial order or 'no', because financials will form part of the next stage?
Q7: We are sharing the costs of the divorce, so should I put 'yes' (what reason would I put down?) or 'no' to pay up the rest? This is not clear to me.
Could do with a response from Louise. :)

Familylawsolicitor · 14/05/2016 21:56

This reply has been deleted

Message withdrawn at poster's request.

respondentchris · 14/05/2016 22:21

Yes, I just realised that the thread was older.

Thank you so much for your kind response.

Q6: 'hoped'? We have actually agreed on a fixed amount. Do I not need to have this Form B? At a later stage, and if I do not have that form, can I still have the peace of mind and have a lawyer drawing up my financial solution so she won't come back for more? Don't I have to be clear about 'yes' or 'no'? It sounds like that in that form I have been sent.

Q7: Won't the court ask for a clear 'yes' or 'no' in these matters? Would I write 'Yes, I object, because we have agreed to share.' ?

I am sorry - just trying to get things right.

Familylawsolicitor · 15/05/2016 06:54

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Message withdrawn at poster's request.

respondentchris · 15/05/2016 20:28

Thank you so much!

Yeah, I 'am' a Computer Programmer and this is probably why I am having such trouble with these forms. I will go with the narrative.

Thank you so much for your patience and for your time.

Can I just ask whether I must add this Form B at this stage?

Familylawsolicitor · 16/05/2016 09:13

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Message withdrawn at poster's request.

respondentchris · 16/05/2016 10:34

OMG, so helpful.

Q6: 'We have agreed on the finances.'
Q7: 'We share to equal parts 50% of all costs of this divorce.'

Have merely added the original copy of the petition as sent by the court and as per request on the paper.

In regards to the consent order, should we go about this after or before the decree absolute? We already know what everyone gets - me nothing and her a lump sum. Fair enough.

Familylawsolicitor · 17/05/2016 20:12

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