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JeremyT1020
JeremyT1020,
Category: Family Law
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I'm filling in the D8 form, as I'm applying for a divorce.

Customer Question

Good afternoon.I'm filling in the D8 form, as I'm applying for a divorce.Section 2.4 asks "Do you have a solicitor acting for you?" I have a solicitor who helped me draft the financial consent order but she's not helping me with the D8 form. Can I click "no" on this question?Section 3.2. asks for my husband's home address. Do I need to go ahead and find out exactly where he lives? Can I just put our marital home address here and get him the papers to sign, when they arrive here?Section 10.1. asks - do you want to apply for a financial order?
Yes, I do - it will specify spousal and child maintenance. I'm unclear what to tick here. Do I just tick "yes, for myself" or also for "my children"? My baby is 2 years old and the child maintenance will go to me.11.3. Similarly, this section asks "The financial order may be granted for" the petitioner/for the children". Do I need to tick "children" or just "petitioner"?The end of the form specifies the documents to be submitted. The last one says: "If applicable, a completed Form A notice of (intention to proceed with) application for a financial order. " Do I need to fill this in at this stage and attach it to the D8 divorce petition? Or Can I fill this in at a later stage?Thank you,
Lucy
Submitted: 11 days ago.
Category: Family Law
Expert:  JeremyT1020 replied 11 days ago.
Good evening and thank you for your question. I'm a solicitor specialising in divorce and separation so I'd be delighted to offer some guidance.I'll review your question in more depth and draft some answers for you.Kind regards, J
Expert:  JeremyT1020 replied 11 days ago.
With regard to section 2.4, unless the solicitor is actually on record with the court as acting for you (or will be shortly), the answer is "no."
Expert:  JeremyT1020 replied 11 days ago.
With regard to section 3.2, you need to find out his address, I'm afraid. In the vast majority of divorces (especially those based on adultery/separation), you should be living apart. If a judge picked up on this discrepancy when reviewing your petition at the decree nisi stage, it would probably be rejected. You also sign a statement of truth at the end of the petition so, technically, you wouldn't be truthful with the court by putting the matrimonial home address down.If you don't know where he lives, you should consider appointing a trace agent. They cost about £75 on average and most work on a "no trace, no fee."
Expert:  JeremyT1020 replied 11 days ago.
Next section - 10.1. Simple answer, just answer "yes" for both. It avoids any complications later.
Expert:  JeremyT1020 replied 11 days ago.
11.3. Answer "yes."
Expert:  JeremyT1020 replied 11 days ago.
To both
Expert:  JeremyT1020 replied 11 days ago.
You can fill the Form A in at a later stage.
Customer: replied 10 days ago.
Hi Jeremy, thanks for these answers. The divorce is based on unreasonable behaviour. Not adultery or separation. Do I still need to provide a different address? I've noticed that the online form simply states:
- Do you and your husband live at the same address? No
- Did you last live together at this address (our matrimonial home)? Yes
- Do you know your husband’s home address? No
- Where should we send the husband’s divorce papers? To a different address
- Address details:.....If I put my address (former matrimonial home) here, do you think it will still cause issues, even if above I specified he no longer lives here?
Customer: replied 10 days ago.
The financial order section explains: “If you disagree with your husband about how your property, money, pensions and other assets will be split, then you can ask the court to decide for you. This includes maintenance payments.These decisions are called 'financial orders'. You can apply for orders for yourself, and/or, if appropriate, for your children.If you both agree on how to split your money and property and want to make it legally binding, you can apply for a 'consent order'.” Do you want to apply for a financial order?We already agreed on the finances so shall I actually click no on this, as I don't need the court to decide and will submit the consent order at a later stage?
Customer: replied 10 days ago.
Later in the form it says, that if I plan to submit the consent order, I still need to fill in the "financial order form A". Why is it called financial order form if we are submitting a consent order?
Expert:  JeremyT1020 replied 10 days ago.
With regard to the address, yes, it will cause problems. You have indicated he no longer lives with you. Therefore, you MUST provide an address where he can be SERVED (via post but sometimes through a bailiff/process server). The rules on service are very exacting - you ignore them at your peril with a divorce petition.
Expert:  JeremyT1020 replied 10 days ago.
I would still click yes regarding the financial orders. Even if you may be agreed at the moment, there is a chance the agreement could collapse at a later date. Furthermore, you need to tick that box if you want to later apply for a consent order.
Expert:  JeremyT1020 replied 10 days ago.
The Form A is a general application form for either a financial remedy order (if you need to go to court) or submitting an order by consent. There is an option on the first page of the Form A to indicate you are submitting the order by consent.
Customer: replied 8 days ago.
Thank you, ***** ***** there an option for the respondent to disagree with the petitioner's statement and still agree to divorce?
Customer: replied 8 days ago.
The form also asks, if we will be splitting the cost. If I say yes, will the court make any demands from him? I believe that upon submission, I'll have to pay straight away.
Expert:  JeremyT1020 replied 8 days ago.
Good evening. Looking at your initial question, you're completing a paper petition rather than an online petition, aren't you?
Expert:  JeremyT1020 replied 8 days ago.
If so, the respondent can indicate in the acknowledgement of service (it is a small box but they can complete a continuation sheet) that they may disagree with the statement of case but they are happy for the divorce to proceed.
Customer: replied 8 days ago.
Initially, I was looking at a paper form. Now I'm completing the online form.
Customer: replied 8 days ago.
Is the option still there?
Expert:  JeremyT1020 replied 8 days ago.
There is an option but it is slightly different from a paperwork acknowledgement.
Expert:  JeremyT1020 replied 8 days ago.
the option is there. There is actually a specific box where you can disagree with the allegations but confirm your agreement to the divorce.
Customer: replied 8 days ago.
Does the respondent get it in paper format at their address?
Expert:  JeremyT1020 replied 8 days ago.
They will receive notification by post and invited to login where they can create an account as a respondent to respond to your petition.
Customer: replied 8 days ago.
Great, so the option is still there even in the online form?
Expert:  JeremyT1020 replied 8 days ago.
The option is there. When the respondent responds, they can contest the petition, accept the petition, or disagree with the allegations but agree to the divorce.
Customer: replied 8 days ago.
Thank you
Expert:  JeremyT1020 replied 8 days ago.
My pleasure. If you need any further guidance, please let me know. Otherwise, thank you for your question and for using Just Answer. Kind regards, J