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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1767
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife and I are divorcing (she is the petitioner) and I

Customer Question

Hello,My wife and I are divorcing (she is the petitioner) and I have been sent an initial petition with a consent order. However I've noticed that there is no financial order arrangement on there, despite my wife and I agreeing on a lump sum figure paid to me from the house (she's keeping the house and I'll be removed from the deeds).She said at the time she submitted it we hadn't agreed on money and thought we may have to go to court to resolve. She has had legal advice that this doesn't matter as it's only the initial petition.Should I go ahead and sign the consent, or should I flag the financial order part?Thanks
Submitted: 1 month ago.
Category: Family Law
Expert:  Harris replied 1 month ago.

Hi, thank you for your question. Please confirm what the consent agreement is for - is it regarding a separation time/divorce itself or regarding the finances?

Customer: replied 1 month ago.
It's for the divorce itself, and the financial order question is set to none.
Expert:  Harris replied 1 month ago.

Thank you. Despite her not ticking any of the financial relief boxes (I assume you are talking about the last page of the petition), this does not prevent you pursuing a financial relief application or reaching a financial settlement between you. The consent for the divorce should be just in relation to the divorce itself and should not mention the financial matter.

So long as the consent is for the divorce you can later deal with the financial aspect either through negotiations or through a court application if negotiations do not progress.

Expert:  Harris replied 1 month ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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