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crossing out ancillary relief items in prayer

  • happycamper
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05 May 09 #113727 by happycamper
Topic started by happycamper
Hi all

I know everyone says not to cross any of them out but stbx freaked out when I said I wouldn't be crossing them. We have already agreed child maintenance payments, and at the moment I am staying in our jointly owned house as long as I can afford it, which we both agree is the best course of action for both of us. We are very amicable.

Seeing as all I am asking from him is child maintenance, can I really not cross anything off? He's not got a solicitor, and has done no research, so would have to take my word for it that I won't take him to the cleaners.

Thanks for reading...

  • dukey
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05 May 09 #113739 by dukey
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Hi happy

Its good your both amicable and will save much stress and money, the problem is if down the line things go wrong and the agreement is broken haveing crossed out prayer makes a rod for your own back.

If things are going well and you have agreement you could ask your stbx to read up on wiki just for peace of mind, just a thought.

  • happycamper
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05 May 09 #113765 by happycamper
Reply from happycamper
Thanks Dukey.

It's just that he pays me a huge amount in child maintenance (it's the right amount, just 4 children/big salary) and I know he couldn't afford anything else. I even tried to get the Consent Order filled out first, but obviously you can't do that.

I don't think he'll sign it without it crossed off.

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07 May 09 #114342 by happycamper
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Anyone else got any thoughts about what I can do?

  • sjmitch
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09 Mar 10 #191016 by sjmitch
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Hi All

I am bumping this post because I would be really interested in the answer. I can identify with the stbx in this scenario. Though, without the stb!

My situation in summary is: we are hoping to settle by way of consent order. The ex is filing the Petition on 2 years + consent, but I don't want her to change her mind after the petition is filed. So, I would like her to cross out the Ancillary Relief orders.

Thanks

Simon

  • gingertips
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15 Mar 10 #191946 by gingertips
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Hello

I too would like to know about this. My wife & I split 6 years ago & we are now about to file for divorce.

When we split, we went to mediation and agreed on splitting our assets 50/50 & with me paying off credit card debt and loan with my half of the settlement.

6 years on I want to know can we cross out the anc.relief items in prayer does that mean that my wife would not be able to make a future financial claim against me?

  • mike62
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15 Mar 10 #191950 by mike62
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Hello Gingertips,

If you are just applying for divorce, one or other of you can apply for Ancillary Relief. Applying for it doesn't mean getting it though.

Until you have your Decree Absolute and an agreed consent order, everything is still up for grabs, even though you agreed a split 6 years ago. Your wife can make a claim against pretty well anything until you have that consent order agreed, you have both taken independent legal advice and had the Decree Nisi and ultimately the decree absolute pronounced.

Sorry if that isn't what you wanted to hear

Mike

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