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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
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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I'm about to file a divorce petition but I'm not sure

Customer Question

Hello! I'm about to file a divorce petition but I'm not sure about several things regarding filling in the form.
1. Part 7 - Details of the children: I have a child but my husband is not the father i.e not a child of the family. Do I have to write the child’s name in this section in column (b) as Other child of the family or should just not write it at all?
2. Part 10 (3) Financial Order : If I don’t want any financial arrangements, do I have to tick this?
3. We live in a rented property. Is the anything that could be done so that I can remain in the flat after the divorce and that he would have to move out?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Just to check - how old is the child and does the child live with you?
Clare
Customer: replied 2 years ago.

Thank you for your reply! The child is 6 and lives with me/us.

Expert:  Clare replied 2 years ago.
Hi
Then
1. Yes the child is a child of the family and should be on the form
2. Tick them all - it makes it easier to get a Consent Order dismissing all future claims and
3. You can make an application for an Order that the Tenancy is transferred to your sole name - another good reason for ticking those boxes.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for your advice! I guess the Tenancy Transfer Application has to be submitted together with the petition using the D50B form.

Expert:  Clare replied 2 years ago.
Hi
No not at all - in fact please do NOT do so.
The financial issues are not dealt with at this point - they are dealt with later if no agreement can be reached
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

I'm not quite sure that I understand the best moment to apply for the Tenancy Transfer. As far as I understood my husband will have to sign the papers when the court sends them to him and thus will give his consent for the divorce.

We cannot reach agreement on who to leave and he's made it clear that he wouldn't. He is the only one on the tenancy agreement, which is an Assured Shorthold Tenancy Agreement. I have read on citizensadvice website that in this case it's better to apply for this at the beginning because the person whose name is ***** ***** it has home rights as long as they are married.

Would he be asked in the papers that he have to sign anything regarding an agreement on who stays and who leaves the home, so that I would know that I should apply for Tenancy Transfer? I'm sorry if it might sound like I'm asking the same question, but this is still confusing to me.

Expert:  Clare replied 2 years ago.
Hi
The two issues - the Divorce (the ending of the marriage) and the Financial - who lives in the property are NOT dealt with at the same time.
Once the divorce is underway then you can move on to the issue of the tenancy.
You will need to make an appointment with Family Mediation
www.familymediationhelpline.co.uk
and if that fails then you can apply to the court for a Transfer of the Tenancy
Clare