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Form D8 - tick court to decide financials or not?

5 replies

YouCanMakeItIfYouTry · 29/05/2020 16:32

Hi, I'm filling in the form D8 to apply for a divorce but I'm confused if I should tick to ask the courts to make financial orders to decide how our money and property will be split.

At this stage we are amicable and he is determined to 'keep the lawyers out.' Most likely we'll decide on the split between us but I don't want to miss something on the form in case the situation changes later... similarly I don't want to order the court to split our assets if we don't need them to.. hopefully we won't even need to go to court...

I'm a bit confused... should I tick this or not?

OP posts:
YouCanMakeItIfYouTry · 29/05/2020 16:37

Apologies, I thought I was putting this in the divorce section. I'm not sure how to move it ...

OP posts:
hellsbellsmelons · 29/05/2020 16:39

This really depends on your circumstances and how amicable he will remain.
Do you have DC?
What sort of split are you discussing at the moment?
How long have you been married.
There are too many variables to be able to advise properly on this one.
More detail will help you get better responses.

Anniegetyourgun · 29/05/2020 16:54

Click Report against your post and on the form that comes up ask Mumsnet to be so kind as to move it. You might also consider posting the same question in Legal Matters, see if you get a wider response from two sets of readers who might not entirely overlap. You may get a good response in Relationships but it won't necessarily be from posters with the kind of expertise/experience you were after.

From the point of view of a total non-expert who just happens to be divorced, I'd say make sure that the court gets a chance to rubber-stamp whatever agreement you draw up. They wouldn't usually throw it out unless it looks unreasonable. But I'm an old cynic and frankly, however decently the party of the second part has been behaving up to now, his determination to keep lawyers out of it has me picturing red flags waving in the fresh spring breeze. Not all lawyers are a waste of money, some can save you a lot more than they cost.

YouCanMakeItIfYouTry · 29/05/2020 19:34

Thank you both, I appreciate your response. I totally agree it could transform away from being amicable - I don't trust him long term but am happy to try dance to his beat for the next few steps to see what is in store. I am playing a cautious game...

Noted on your advice to speak with a lawyer - seems this is not a one answer question and so that might be best.

Thanks also for the tip on how to change the incorrect posting!

OP posts:
Collaborate · 29/05/2020 21:23

Tick all the boxes on the D8. No doubt about it. Btw I’m a divorce lawyer.

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