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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am completing a petition for divorce (D8), and would like

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I am completing a petition for divorce (D8), and would like to know if I should apply for any of the ancillary relief orders (finanical orders).

There are no children.

My spouse and I have agreed how we will split our assets and we are having a solicitor write up a consent agreement, but the agreement is not actually signed yet....

So if for some reason the consent agreement does not get signed, then would I need to re-apply. According to the D8 notes:

"You are advised to see a solicitor if you are unsure
about which order(s) you require.
If you cross out this paragraph, or any part of it,
and later change your mind, you will first have to
ask the court’s permission before any application
can be made."

Hi,

 

Thanks for your question.


You should not cross out any of the paragraphs. If you leave them in then it does not mean you are making an application for any of the orders listed simultaneously as submitting the petition, it simply means you wish to retain your right to make those applications at a later date.

 

Were you to cross them out and then require an application for AR etc at a later date you would have to seek the leave of the Court first, which means it there would be extra forms to complete and it would have to be put before judge.

 

If this is useful please kindly click accept so that I may be rewarded for my time.

 

Kind regards,


Tom

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