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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband & I want to file for divorce. We want to do it

Customer Question

My husband & I want to file for divorce.
We want to do it amicably with no arguments.
We can fill in the forms online but cannot find anywhere a form of agreement on finances & child access?
Is there such a form or how do we go about getting an agreement set up?
I have spoken to solicitors but they will only deal with us as individuals.
Any advice would be greatly appreciated. Need to sort this asap for the sake of my daughter and my own emotional state of mind.
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-How long were you married for?

-How long have you been separated?

-How old is your daughter?

Customer: replied 11 months ago.
I live in Essex in England. We have been married for 10 years. My husband left the family home a year & 3 months now and our daughter will be 13 in September.
I can go down the route of adultury as he does have someone but he will contest that and I do not have the money nor any more emotional strength left to deal with a fight. Hence the reason I need to deal with it in the best way for the sake of my daughter. He has agreed unreasonable behaviour.
Expert:  Harris replied 11 months ago.

Thanks for confirming. You can note his new relationship in your facts of unreasonable behaviour and you do not require his agreement to proceed under this fact.

In relation to the consent order and child arrangement orders, you will unlikely find a solicitor who will represent and advice both of you regarding these matters as it will likely cause a conflict of interest and you will both need to obtain independent legal advice individually regarding your various options and rights based on the full facts of your case. As agreement has been reached, one of you can approach solicitors to prepare the consent order and child arrangement agreement and then the other will need to approach separate solicitors to get advice (if they wish to do so).

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 11 months ago.
Thanks for the info but you only gave me what I already knew. I just needed to know about our agreement process. if there was a legal template to use when setting out our agreed arrangements which is acceptable by the court.
Expert:  Harris replied 11 months ago.

Apologies.

For the financial agreement you should use the following template: http://www.jordanpublishing.co.uk/system/redactor_assets/documents/2243/Financial_Remedy_Omnibus__final_.doc

For the children agreement you can use this as a template: http://www.jordanpublishing.co.uk/system/redactor_assets/documents/303/CAP04.doc

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Clare replied 11 months ago.

My name is ***** ***** I have been a solicitor for more than 35 years

To add to the above

If what you wish is a written record of the agreement between you regarding your child you will do better with a Parenting Plan

https://www.cafcass.gov.uk/media/190788/parenting_plan_final_web.pdf

Whilst this will not be sealed by the court it is a good guide to the agreement that you reach and will be more flexible in the long term

With regard to the Financial Order

you may find this more user friendly

http://www.wikivorce.com/divorce/Financial-Settlements/Financial-Settlements/Consent-Order-Typical-Example.html

That is an Order that should go to before the court together with Form D81

Another option would be to use Family mediation to reach agreement - they will have standard wording for agreements that can be turned into court orders

Customer: replied 11 months ago.
Thank you this is very helpful clare
Expert:  Clare replied 11 months ago.

You are most welcome - I hope you are able to agree things

Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 11 months ago.
I know My husband has to pay half the mortgage until our daughter reaches 18 then I have been told the house will then have to be sold. Also he will have to pay child maintenance. I will not be able to pay all the bills on my own so is there anything I can do or can claim?
Expert:  Clare replied 11 months ago.

That is not actually correct I am afraid - he is unlikely to have to pay child maintenance and hafd the mortgage

Customer: replied 11 months ago.
Legally what does he have to pay?
Expert:  Clare replied 11 months ago.

He will have to pay child maintenance.

Spouse maintenance will depend on your respective incomes.