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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 1785
Experience:  Senior Associate Solicitor
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I am separating from my husband and want to sort out my

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I am separating from my husband and want to sort out my financial situation and maintenance for one of my children the other is almost 18. We are still cohabiting. Although we have lived separately for almost 2 years.
I attended a MIAM he has declined to take part.
Do I have to apply for a judicial separation to apply for a financial order Form A?

Hello, thank you for the question.

I am a UK qualified lawyer and happy to help.

If you are separating, you can ask the court to intervene so you can legally live apart and have the court assess a financial order. You need to complete the send form D8 (see attached) and send that with a fee of £365 payable to HMCTS to your local family court centre. You will need to send a copy of your marriage certificate with the D8 form when you send it to the court. If you wanted to divorce, you would need to issue a divorce petition and thereafter issue financial remedy proceedings with Form A.

I hope this helps - if you can please accept the answer and give me a star rating (there should be a row of 1-5 stars at the top of your screen to allow you to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

Customer: replied 26 days ago.
Thank you. This form also indicates if I want to apply for a financial order 10.1 that I have to complete another form and submit this with the additional fee?

Yes, it's £365 for the judicial separation and another £255 for the financial order application

Thanks and have a good day

Customer: replied 26 days ago.
If you can clarify is it essential that I apply for a separation to enable me to do the financial order?

Yes, you have to issue either a divorce petition or a judicial separation first before you can ask for the financial order. You can ask for an order that your husband pays the costs.

Customer: replied 26 days ago.
Ok thank you
Customer: replied 26 days ago.
Can I send both forms in at the same time

Yes you can, thanks and grateful if you would give me a rating for helping you today.

Many thanks,

Jim

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