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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I need guidance on the process I need to follow in order to

Resolved Question:

I need guidance on the process I need to follow in order to get a financial order sorted. My decree nisi has been approved and a decree absolute should go through with no problems. I now want to sort out the financial order. My ex wife is making on attempt to sort this as I have recently come out of a bankruptcy and now that I am self employed she said she will wait till I start to make money. I want to therefore be one step ahead to sort this and need to know how I sort this out without having to solicitors involved and where I start. Hope this makes sense.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Initially, the financial matter should be sorted out through negotiations with your ex-wife - these can be directly with her, but it would be more useful to progress the negotiations using an independent mediator (you can find independent mediators here: familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions) and the court will assess whether it is a fair settlement for everyone. It would be highly advisable that you do use a solicitor to finalise the agreement into a consent order so that all the legal issues are dealt with.If mediation does not progress you should then proceed with an application to court under Form A for financial relief. This would include consideration of all your assets and financial position, as well as your needs, as well as his financial position and needs and the court will decide what is fair when considering the following criteria:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 1 year ago.
Hi Thanks for such a detailed reply. As she is refusing any mediation can I proceed for financial relief? How do I do this?
Expert:  Harris replied 1 year ago.
As long as you have attended a MIAM (mediation information and advice meeting) yourself and the mediator has signed you off, you can proceed with the financial relief application under Form A (you can find it here: https://www.justice.gov.uk/downloads/forms/fjr/Form_A_web_0414_3.pdf) together with a £255 court fee to court.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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