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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14695
Experience:  I have been practising for 30 years.
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I have received divorce papers this morning in a section

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I have received divorce papers this morning in a section 10,1 Do you want to apply for a financial order my husband has crossed Yes and also a cross in myself what does this mean.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: I haven't taken any steps received the papers from his solicitor today
Assistant: 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 live in Barnstaple North Devon so I believe it will be in this area
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I just received the papers and not sure what to do . We have been married for 27 years and he going for a two year separation as he is wanting divorce before he inherit a property and large sum of money.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore maybe delayed in replying.

is it 27 years total including before being married?

is there a property to split?

does he think you wont be entitled to his inheritance by getting divorced?

what is your preferred outcome please

Customer: replied 4 months ago.
No 35 years altogether there is no property. Yes I believe he think if he divorced me before his inheritance I won't be entitled to anything.I want a divorce but believe after that amount of years I shouldn't come away with nothing. But I'm not financially able to afford legal fees although I work full time.
Customer: replied 4 months ago.
I can't afford 44 pounds for call please stay to messages
Customer: replied 4 months ago.
I didn't realise that a call was going to cost me £44 which you have already taken from my account I can't afford this and don't wish for a phone call thankyou message are fine
Customer: replied 4 months ago.
I'm waiting for a replied message as I answered the questions the solicitor asked me

When anybody fills in a divorce petition they take all the financial boxes. It’s quite normal. It doesn’t mean he’s going to get anything and indeed, it actually doesn’t mean that he’s going to make the application.

If he does make the application, it is normal because you presumably want a line drawn under the marital finances and a financial order would do exactly that otherwise after divorce, the finances are in limbo and one of you could come after the other years after the event holding your hand out.


If he inherits a large chunk of money then you need to consider that in the financial order because you potentially have a claim against that part of it if there are little other monies in the marriage to look after you when you eventually get divorced.


For example, it would be grossly unfair for him to be living in the lap of luxury on his inherited wealth if you were in abject poverty.


With no financial order, you can come to him years later and hold your hand out. The financial order stops that but in all the negotiations his future wealth has to be taken into account.


Here are a couple of articles where there was no financial order and a spouse came out of the woodwork:


and here


He can only get divorced with two years separation if you agree.


I note that you no longer want a telephone call. You can contact customer services and they will refund the cost for you. I can do that after you have given me a positive rating because it will close the thread and you may have some more queries that you need answered in the interim.


Can I clarify anything else for you?


I am happy to answer any specific points arising from this.


Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.


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Thank you.

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