Ask a Law Question, Get an Answer ASAP!
Hi, I'm Lea and I have reviewed your query.
Are there marital property/assets to share?
Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.
The process of divorce takes into consideration the financial application that either party may wish to make.
You can respond to the petition and agree to the divorce if you wish to - and the court will then process that to the decree nisi stage. Once the decree nisi is granted, either you or your spouse can file a Form A application for a financial settlement. The court will generally deal with the financial settlement ahead of the the decree absolute, but you can also ask the court to stay any application from your husband for the decree absolute until such time as the finances have been resolved.
The phone call is a site pop up - as per my initial response I won't be calling.
There is no disadvantage to you responding to the divorce petition - as per my paragraph above, you can make your claim for a financial settlement once the decree nisi is pronounced.
You're very welcome.
Please be aware that when you make a financial claim in court, the court will consider the needs of both parties and any dependent children and take into consideration each person's specific needs, so it is likely that the court will take special consideration of your children's needs if they impact their need for care for longer than other children.
You can find the full list of what the court considers when making a financial settlement here: http://www.legislation.gov.uk/ukpga/1973/18/section/25
Does that help?
If you can agree something between you - or with the help of a mediator - then you can avoid court in so much as you will not be asking the court to decide. But whatever you agree between you or with the help of a mediator, you will still need to get sealed by the court into a consent order.
Given the special needs of your children, and if you are the main carer, you clearly have a greater need than the father, therefore it is likely a court would not do a 50/50 split.
No one can tell you exactly what the likely outcome is without full financial disclosure from both of you however, all anyone can do is give you an idea of the process and what would be taken into consideration (see the link I provided above).
I would certainly suggest that you seek legal advice before agreeing any settlement.
That is correct - and in fact, even if you reach agreement between yourselves or via a mediator, you do in fact need your consent order sealed by the court in order to make it enforceable.