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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 8015
Experience:  Barrister at law
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I have been divorced (without settlement) for 3 years (after

Customer Question

Hi I have been divorced (without settlement) for 3 years (after a 2 year seperation) - How can we now finalise the financial bit ourselves? we did a DIY divorce as we are friends and on good terms.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no, only done the first part of the divorce decree absolute
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I think it was Southampton Courts. I live on the Isle of Wight
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My children are 14, 16, 18 and all have free access to see their dad whenever they want
Submitted: 8 days ago.
Category: Family Law
Expert:  plclegal replied 8 days ago.

Hello, my name is*****’ll do my best to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please bear in mind though that this is an email service and not live chat and therefore I may not respond immediately.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

I'm reviewing your question and will revert back to you shortly. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

Please be patient with me as I am generally assisting multiple customers at once! Thank you.

Expert:  plclegal replied 8 days ago.

Have you agreed the terms of a financial settlement between you?

Customer: replied 8 days ago.
Not yet. But we are both fully supportive of eachother & im sure if we have the correct form to complete we could sit down together and fill it in one afternoon.
Expert:  plclegal replied 8 days ago.

Perfect.

The form to work with is the D81 statement of information. It's on the link here: https://www.gov.uk/government/publications/form-d81-statement-of-information-for-a-consent-order-in-relation-to-a-financial-remedy

This is what you would submit to the court alongside the consent order that you will have drafted up.

In most cases the consent order will set out what is known as a clean break - ending the financial ties between you. The issue of child maintenance is separate from this so that would still continue even after a clean break agreement.

If you have the D81 fully completed, a lawyer can work from that to draft the consent order for you. It does need writing up by a lawyer, normally, the language that is needed and the compulsory terms required aren't readily accessible to the general public.

But, for example, in my private practice this would only be a couple of hours' work and so the cost should be reasonable, no matter who you go to for this to be drafted.

You both need to make sure you have had advice on the terms agreed in the order.

You then submit this to court, along with the Form A, here: https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order

The fee to apply is £255.

I hope that this answers your question?

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 8 days ago.
Hi
Thank you but the first link doesn’t work?
Lou
Expert:  plclegal replied 8 days ago.

OK, that's odd. If you search the www.gov.uk site for the following - D81 statement of information - that should bring it up.

Customer: replied 8 days ago.
Thank you
Expert:  plclegal replied 8 days ago.

My pleasure.

Expert:  plclegal replied 7 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter