Divorce petition questions. Divorcing on grounds of 2 years separation -

[pakchoi]

do things like the number of room in your house matter if the petitioner gets it wrong? Also where it says maintenance for children - he has put a certain figure and it asks if the respondent agrees - what happens if you don't agree?

Speak to your solicitor? You want to make sure that everything is corect. I had a minute of agreement drawn up a couple of years ago and there were errors in it. I had a draft first for this exact purpose. I just queried them and they were amended.

Pakchoi, I assume you're referring to the Statement of Arrangements for Children. The point of the statement is to give the district judge who will eventually see your file some basic info on how the kids are being cared for.

If you have the kids living with you but he's completed the statement, you're supposed to countersign before it goes to court. I presume that he's given you the statement to sign.

If there are any material differences, feel free to amend them in pen on the actual form and put your initials in the margin.

Even if the figures for maintenance aren't correct and you don't correct them now, you aren't committing yourself to accepting a lower amount than you should. If there's a dispute then the CSA will apply the formula (15% for 1 child, 20% for 2, 25% for 3 or more). Having said that, the statement of arrangements for children should be reasonably accurate and I'd advise you to get the figure altered now to avoid arguments later on.

(btw I'm a divorce lawyer).

Mumblechum - Yes, that is the doc I am referring to. Thanks for that. We separated and agreed finances several years ago - his solicitor drew up a spreadsheet to show our asset split. We implemented the spreadsheet because we needed to pass assets between us to arrive at the asset split and in oder to not fall foul of CGT rules on inter-spousal transfers we needed to do that before the end of the tax year in which we separated, so we just did it. We no longer have any joint assets although I suspect he is now going to try and go for some of what I've got. For CM we agreed 20% net earning in line with CSA rules for 2 children. Children live with me and are in fee paying education - he does not pay the fees, I do. He does not pay through CSA as he earns more than the limit with which they deal and children are in fee paying education (so I understand they do not have jurisdiction). I fear I need to go and appoint a solicitor which is a bore. I suspect that I can claim a concluded agreement? I feel so stressed.

Pakchoi, since all assets at the time of separation were split then, it's extremely unlikely that your ex h would succeed in any application now.

The best thing to do to ensure that neither of you make any future claim is to draw up a consent order. That's a document which in your case will simply say that all assets were split in 200x, along the lines set out in your spreadsheet (which can just be annexed to the consent order), and that there will be a clean break so far as maintenance (spousal), pension sharing, capital and potential Inheritance Act claims are concerned.

You both sign it and it's posted to court with a simple statement of your current circs in form M1 ("statement of information"). The District Judge looks at the consent order and M1s and in the vast majority of cases just rubber stamps the order and that's the end of the matter.

The consent order, although straightforward in its effect, does need to be carefully drafted and I do advise you to appoint a solicitor to prepare it.

Mumblechum - thank you very much indeed. I will appoint a solicitor to draw up the consent order - I am in Herts - is there anyone you could recommend - you perhaps (I am well-organised and have all the paperwork and correspondence in order)? Is it normal these days to have the CM run til the end of University (end of tertiary education) or until the end of sixth form?

Hi, you can find a divorce specialist thru' www.resolution.org.uk, the organisation which all decent family lawyers belong to.

Good luck!

Sorry just read the end of your post!

The child mtce these days is likely to end "upon the child's 18th birthday or end of full time tertiary education, whichever is the later, exc luding any gap year".

Thanks for offering to appoint me, but I think you'd be better off getting someone local to you.

mumblechum - thank you for your help.