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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi Clare, Ive now received my divorce petition and I just

Customer Question

Hi Clare,
I've now received my divorce petition and I just wanted to ask you a few questions before completing it I received a letter from my husbands solicitor on 23 July and it's states although I have ticked all the boxes relating to financial claims, in the usual way I confirm a settlement has been reached, and I shall in due course draft an order for the courts approval.the draft order can be lodged upon pronouncement of the decree nisi and will take affect upon the nisi being made absolute. Question one is normal wording and should I be concerned at all.
Then yesterday I received the notice of proceeding from the court asking for me to complete the enclosed form which I would like you to help me fill this in.
Q1 one is asking if I've received the petition answer yes
Q1A are there any proceedings continuing in any other country etc answer no
Q1B in which country are you a habitually resident answer UK, domiciled?
Q1C do u agree with the statement of the petition answer yes two year separation
Q2 on which date and what address answer 24 July and my home address
Q3 are you the named respondent answer yes
Q4 do u intend to defend the case answer no
Q5 do you consent to a decree being granted answer yes
Q6 in the event of a decree nisi being granted on the basis of two years separation coupled with the respondents concent, do you intend to apply to the court for it to consider your financial position as it will be after the divorce ? Answer I think yes but what should I write re financial position should I say this has already been agreed?
Q7 even if you do not intend to defend the case do you object to paying the costs for the proceedings? If so what are your grounds? What should I write here as my husband agreed to pay all costs?
Q8 a,b&c is NA as it's about children and we don't have any
Q9 I think this is is also n/a as there isn't anyone else involved in this divorce
Q10 you must complete this part if
You have answered yes to q5 and or q8c or you do not have a Solictor acting for you so I'm sure I sign this here and enter my home address
Should I enclose a copy of the letter from my husbands solicitor saying what we agreed for the financial settlement?
Thank you for your help
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
1B - domicile is also England (or Wales)
6 Yes unless agreement is reached
7.Yes as the petitioner has agreed to pay the costs
9 N/a
10 correct
No you need not enclose the letter
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi Clare
Just to ask another question re Q6 after re reading the question I now think the answer is no as we have already agreed on a financial settlement.
On the statement of reconciliation part 10 financial order should this read the respondent rather than the petitioner as the question reads financial order (if you wish to make an application for a financial order)
A) that the petitioner may be granted the following financial order
An order for maintenance pending suit/order
Periodical payments order
Secured provision ordelump sum order
Property adjustment order
Order under section 24B, 25B, or 25C
Thank you
Expert:  Clare replied 2 years ago.
Hi
No the answer is as I have put it.
This will ensure that you are properly protected if the Consent Order falls through
In any event the only point of this form is to allow the next stage of the divorce to happen - so there is no need for concern
Clare
Customer: replied 2 years ago.
Thank you Clare just one more thing re on the statement of reconciliation part could you clarify this should reads that the Petitioner?
Thank you
Expert:  Clare replied 2 years ago.
Hi
Could you confirm which form you are looking at? - The number of it
Clare
Customer: replied 2 years ago.
Hi Clare
On the statement of reconciliation part 10 financial order should this read the respondent rather than the petitioner as the question reads financial order (if you wish to make an application for a financial order)
A) that the petitioner may be granted the following financial order
An order for maintenance pending suit/order
Periodical payments order
Secured provision ordelump sum order
Property adjustment order
Order under section 24B, 25B, or 25C
Thank you
Expert:  Clare replied 2 years ago.
Hi
No that is part of the petition and is the correct wording - do not worry about it
Clare

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