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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33275
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my estranged wife has filed for divorce on a 5 year seperation

Customer Question

my estranged wife has filed for divorce on a 5 year seperation basis which I am agreeable to.
I have custody of our 14yr old daughter which is confirmed on the divorce petition.
She has applied for the following orders in respect of her only:
order for maintenance pending suit/outcome.
periodical payments order.
secured provision order
lump sum order
property adjustment order
Pension sharing/attachment order.

She is intending to remarry soon after the decree absolute.

bearing in mind i have custody of our daughter and her intent to remarry do i need to contest these orders or apply for a clean break order.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Please give me the following information.

What is the property worth?

If you have a mortgage how much is outstanding?

How long together?

Other assets or pensions, savings, etc?

Both incomes?


Do you have children and if so how old are they?
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name is Claire, I will do whatever I can to answer your question
Do you mean that she has ticked those boxes on the divorce petition?
Claire
Customer: replied 3 years ago.

yes she has ticked the boxes


 


Kind regards


 


Peter atkin

Expert:  Clare replied 3 years ago.
Hi
Then she is not actually making an application at all - she is just making it easier for there to eventually be a Clean Break Order if that is what you both wish in the future
Claire
Customer: replied 3 years ago.

Thank you for your reply.


I am sorry but i do not understand, on the petition it states:


Finacial Order (if you wish to make an application for a financial order) and she has ticked the box which states (a) That the petitioner may be granted the fiollowing orders which would suggest that she is making application for those orders.


Do i


1 .need to make any application to the court in respect of a clean break order.


2. Make similar applications for the orders she has indicated.


3. Object to her applications.


 


If i do nothing and let the divorce proceed as it is what if any future actions from her am i leaving myself open to?


 

Expert:  Clare replied 3 years ago.
Hi
I appreciate how it reads but in fact to actually ask the court to deal with any of these matters a separate application has to be made (and a separate fee paid).
Ticking these boxes simply allows a consent order to be filed at a later date - or the full application to be made
so
1. If you both agree then in future yes such an application can be made
2. Only if at some point in the future you wish to make such an application and pay the fee
3. Only if she actually at some point in the future makes such an application - this is NOT it
Claire

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