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Clare, Solicitor
Category: Law
Satisfied Customers: 33003
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Im trying to answer questions on BV15D11487 on divorce

Customer Question

Im trying to answer questions on BV15D11487 on divorce papers issued
Worried about giving answer to questions 5 and 6 in case they render null and void my application for mediation due to the fact that my ex spouse is giving with obe hand and threatening to take away with the next
Situation is
Im self employed no earnings above expenses as yet and unemployed as made redundant2014
Separation after reconciliation 2003 after a marriage dating from 1998 due to adultery
Two children over eighteen
Girl in full time education aged 19 on the 6 Sept 1996
Petitioner (spouse) said he would continue paying 360 / month till daughter is 20
However on the condition that I comply with the notice of proceedings or if I complicate things he will stop paying this
I am worried as to how to answer no 6
Which says in the event if a decree nisi being granted in the basis of five years separation do you intend to apply to the court for it to consider your financial position as it will be after the divorce ?
Also in the actual petition in the prayer section 10 claus 3 he has ticked all the boxes
Worded financial order which looks like he is saying charges towards me for costs etc Im not understanding it
If I put no to question 6 will this impede financial arragements between us so that he can take away at will ?
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
I see - you really need matters to be resolved properly and this will mean by way of financial settlement - you really should go and see a solicitor because whilst he is 'bullying' you in this fashion you may well be entitled to much more than he is presently offering to you.
Customer: replied 1 year ago.
I need an answer to put forth to proceed on the relevant questions highlighted on the form because i cannot send it if answering the wrong thing affects my application for mediation under the circumstances I have outlined because I have to get the notice of proceedings back within the time scale
Please tell me easier to understand terms other than the legal Jargon
Expert:  Thomas Judge replied 1 year ago.
Let me try and help. I would think that you would want the court to consider your financial position
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare and I shall do my best to help you.

I understand that at this stage you simply want some help in filling in the Acknowledgement of Service form that you have received with the Petition

The first thing to say is that unless your daughter is at University then your ex would still have to pay Child Maintenance for her whether or not you signed the paperwork and you could apply to the CSA for an assessment

Equally you can apply to the Court for the financial issue stop be dealt with at any time whether or not you say "yes" to question 6 - but you will need to be sure to issue the application before the Decree Absolute is granted. If you do say yes to question 6 then the Decree Absolute would not be granted until the finances have been dealt with.

So far as the tick boxes at Section 10 are concerned there is no problem UNLESS he has ticked one of the books at section 10 2 - which is about costs.

Essentially the choice is your for question 6 - but there is no reason NOT to say No provided you are willing issue the financial application promptly if mediation fails

I hope that this is of assistance - please ask if you need further details


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