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Advise on divorce

2 replies

Narabug01 · 12/06/2013 21:25

If anyone has experience can you advise whether filing for divorce should come before organising the arrangements for financial or childcare?
Not sure which way round to do it. Any advise would be appreciated

OP posts:
freedom567 · 13/06/2013 07:04

You'll have to do a 'statement for the children' which outlines the care arrangements when you file for divorce....but you don't have to have an exact financial plan, just a general plan - divorce courts deal with this daily, sadly. Do the paperwork and make your intentions clear, and then you can start to move forward...I've just done all of this, don't get solicitors involved, and there is no reason for full financial disclosure unless you are both being unreasonable about what is required for the children....good luck

STIDW · 13/06/2013 08:54

In England & Wales the only way that future financial claims against each other are dismissed is by means of a court order either agreed "by consent" or imposed by the courts. The courts can't make an effective order until the first part of the divorce has been granted so you need to apply for the nisi decree first, then it is usual to apply for the financial order and the decree absolute.

If you can reach agreement between the two of you a solicitor can draft it into a consent order which will be legally binding once approved by a judge. You still need to disclose all the finances with a consent order, albeit a shorter simplified disclosure, which is submitted to the court along with the draft order for ratification. When no agreement can be reached and an application is made for a court decision a more in depth disclosure is required.

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