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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33904
Experience:  25 years experience of all aspects of family law
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Divorce, notice of proceedings question 6 on do I intend to

Customer Question

Divorce, notice of proceedings question 6 on do I intend to apply to the court to consider my financial position after the divorce, as we have not agreed any spilt of house or pensions etc should I say " yes" to this or can we sort this out post the divorce, and if I do sa no what implications does this have?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which ground is being used for the divorce?
Clare
Customer: replied 1 year ago.
Five seperation
Customer: replied 1 year ago.
Sorry they should have said five years seperation
Expert:  Clare replied 1 year ago.
Hi
What are the current financial arrangements and what remains to be agreed?
Clare
Customer: replied 1 year ago.
The current arrangement are that my wife currently lives in the marital home, there are two endowments, one one the marital home and one on a former home nth in joint names as is the remained wof the mortgage, I have a very small pension, my wife has a final salary pension. Current arrangements are that I pay only for our two sons. So all is to be agreed.
Expert:  Clare replied 1 year ago.
Hi
Have you started negotiations?
Clare
Customer: replied 1 year ago.
No, as stated in the original question
Expert:  Clare replied 1 year ago.
Hi
My apologies - you had said that.
The fact that finances have not yet been agreed is the only basis on which a divorce based on five year separation can be delayed/stopped.
Accordingly if you tick that box then the financial issues will become a central issue.
The court will then expect you to start taking active steps to resolve the financial matters by making a Mediation Information and Assessment Meeting appointment with a local family mediator
www.familymediationhelpline.co.uk
If your ex will mediate well and good.
If not then you can apply to the court for the financial issues to be resolved.
Indeed this is the process you need to follow whether or not you tick the box - but there is more pressure on her if you do!
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Many thanks for your help
Expert:  Clare replied 1 year ago.
Hi
You are most welcome - I hope all goes well
Clare

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