Divorce form question - tick box or not?
Discussion
I'm trying to help a friend with her divorce paperwork.
Her soon to be ex-husband has presented her with Form D8:
http://www.hmcourts-service.gov.uk/courtfinder/for...
In Part 10 'Prayer', he has ticked all of the boxes in section 3, 'Financial Order (if you wish to make an application for a Financial Order)'. However, he and my friend have no children and have already made arrangements for the division of their assets. Neither of them want maintenance or any kind of support - just a clean break from each other.
My friend has questioned why her husband has ticked the section 3 box and has received the following email from him:
[i]I have e-mailed the solictiors and the financial order section has to be ticked otherwise the courts could potentially refuse the divorce.
I can promise that i am not going to claim any finacial orders, all i want is the divorce.
I will gladly sign anything to state that i am not interested in any financial orders relating to yourself.[/i]
and he has forwarded her the email from his solicitors:
The Petition ends with Part 10 known as “the prayer”, which begins, ‘the Petitioner therefore prays’. This incorporates a request for all of the financial claims, which are available. This is a standard section and 3(a) will always be ticked. This does not imply that you are applying for any orders just that you can if you wish to in the future such as a Clean Break Order. If 3(a) is not ticked then we must advise you that the judge may refuse your divorce and it will prevent you from claiming any financial relief in the future including the Clean Break Order.
So who's right? Should he tick the box, and what should my friend do? Thanks in advance!
Her soon to be ex-husband has presented her with Form D8:
http://www.hmcourts-service.gov.uk/courtfinder/for...
In Part 10 'Prayer', he has ticked all of the boxes in section 3, 'Financial Order (if you wish to make an application for a Financial Order)'. However, he and my friend have no children and have already made arrangements for the division of their assets. Neither of them want maintenance or any kind of support - just a clean break from each other.
My friend has questioned why her husband has ticked the section 3 box and has received the following email from him:
[i]I have e-mailed the solictiors and the financial order section has to be ticked otherwise the courts could potentially refuse the divorce.
I can promise that i am not going to claim any finacial orders, all i want is the divorce.
I will gladly sign anything to state that i am not interested in any financial orders relating to yourself.[/i]
and he has forwarded her the email from his solicitors:
The Petition ends with Part 10 known as “the prayer”, which begins, ‘the Petitioner therefore prays’. This incorporates a request for all of the financial claims, which are available. This is a standard section and 3(a) will always be ticked. This does not imply that you are applying for any orders just that you can if you wish to in the future such as a Clean Break Order. If 3(a) is not ticked then we must advise you that the judge may refuse your divorce and it will prevent you from claiming any financial relief in the future including the Clean Break Order.
So who's right? Should he tick the box, and what should my friend do? Thanks in advance!
Thanks. Division of the marital assets is already sorted though - they have a financial agreement drawn up by their solicitors. They're relatively young and were only married for a couple of years, so there's nothing complex like pensions to worry about.
The guidance does seem to indicate that section 3 doesn't need to be completed in her case.
The guidance does seem to indicate that section 3 doesn't need to be completed in her case.
JumboBeef said:
N Dentressangle said:
PurpleMoonlight said:
Not worth the paper it's written on, and typical of solicitors not doing the job properly.
Are you a solicitor?For future reference, she needs to get one of these:
http://www.bsdivorcesolicitors.co.uk/consent_order...
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff