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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am going through a divorce and have got a decree nisi. I

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I am going through a divorce and have got a decree nisi. I have made a financial offer that was rejected by my spouse and I have not accepted her offer.
Assistant: Where are you located? It matters because laws vary by location.
Customer: Currently I live away from the matrimonial home and my ex wife lives there. We have a second house that is let and she gets the rent from that. I pay her what the CSA calculate I should pay her for my 2 children. She works and earns. Why do I want to arrange a financial order? Is there an advantage to me or can I just proceed to apply for the decree absolute?
Assistant: Has anything been filed or reported?
Customer: I am in England. I have not filed anything. We attended court several times re me getting access to the children but eventually I abandoned the process as the orders made no difference. I want to finish the divorce so I can move on. Just not sure if I need to chase a financial order or should let her do it in her time if she wants to
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No thinks that is it
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 8 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

As part of the divorce you will need to reach a financial settlement, initially this should be attempted through mediation - you can find independent mediators here: If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

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

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