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Hi, thank you for your question. Yes that is possible, however you should be aware that if no financial settlement has already been reached then your new property will need to be considered as part of negotiations.
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No worries. As you are married, you should be aware that divorce does not end the right for either of you to make a financial relief application against the other. This right to claim only on the potential applicant remarrying or a court order settling the finances. You should therefore consider undertaking some negotiations to come to an agreement regarding finances which can be reflected in a court order, especially as you are intending on buying a mortgage-free property.
It would be best to instruct a local family law solicitor to prepare this if agreement has been reached and it is called a consent order. It specifies the agreement and discharges each of your rights to claim against the other in the future. Alongside the consent order you will both need to complete a D81 form which is a simple disclosure of your financial positions as the court will need to ensure that the settlement is fair for both parties before approving it.
No, unless it has been accompanied by a consent order then the court will not deal with the D81 by itself
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