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Nicola-mod
Nicola-mod, Moderator
Category: Family Law
Satisfied Customers: 21
Experience:  Moderator
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I am currently undertaking a divorce application using an online

Customer Question

I am currently undertaking a divorce application using an online divorce service and I have received the copy of my divorce petition that they have completed on my behalf using the information I have supplied to them. However I am a little concerned regarding the prayer section of the petition. This is because in the financial section of the prayer they have ticked the following: (3) Financial Order (If you want to make an appplication for financial order) X (a) That the Petitioner may be granted the following Financial Order(s): (x) an order for maintenance pending suit/outcome. (x) periodical payments order (x) secured provision order (x) lump sump order (x) property adjustment order (x) order under section 24B, 25B, OR 25C of the act of 1973/ paragraph 15, 25 or 26 of Shedule 5 to the Act of 2004 (Pension Sharing/Attachment Order). However I do not want and am not requesting any of these orders from my wife as we have already amicably settled our financial arrangements at a personal and voluntary level more than 9 years ago. We are both financially independent, own our own homes and do not want anything financially from each other. This is causing a lot of stress to both of us, and as I have just said I am not requesting any of these things from her. To us it does not make any sense that these things have been ticked because everything has been settled many years ago and yet for some reason they have been ticked. It is very confusing and disconcerting. Though I have been separated from my wife for more than 9 years we still have a very good relationship in terms of friendship and this is a little anxiety provoking for both of us. Can you be of help in this matter as it does not seem to make sense. All we want is a clean break after 9 years. The financial matters have been sorted out years ago and we are already living financially independent and happy lives. Many thanks in advance for any help you can offer. Regards XXXXX XXXXX Dooley My wife an I have been separated for more than 9 years

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question I shall do my best to assist you.
The boxes are ticked to make it easier to submit an application for a Clean Break Consent Order in the future should you wish to do so.
It has no other relevance whatsoever - it is not a specific application for the court to deal with this and does not have any automatic effect - it simply saves paperwork later on IF an application needs to be made
I hope that this is of assistance - please ask if you need further details
Claire
Expert:  Nicola-mod replied 4 years ago.

Hello,

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Thank you,
Nicola