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Can we submit our forms signed together?

  • kahuna
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13 May 08 #22305 by kahuna
Topic started by kahuna
Hi
My soon to be ex and I separated in July last year. We have finally got the house sold (our only joint asset) and are waiting for contracts to exchange. Once complete we'll be going to the bank to close our joint account having paid all final bills. After this time we'll have no financial attachment to eachother. :)
We agreed a 50/50 split from sale of the house. Since I am dealing completely with the house sale and all correspondence, getting house cleared, etc, he has agreed that I keep anything that's jointly owned in the house and do with what I see fit (sell, keep, etc) and I do not give him any money from any profit I make. Over the last few months I have been clearing the house and there has been no dispute. We do not communicate much, but enough and we are going out for a drink after we have closed the account to say goodbye. I would like to take my divorce papers with me for us both to sign together (divorce is on the account of his adultery). Would the court accept this?
I think I understand that typically I would submit a petition for divorce and it would be sent to him. Since we both agree I thought it would save the court time, save him time and speed up the process.
If I do this and take the forms down to the court will they just work to a nisi and then I apply for an absolute.
I would prefer not to involve a solicitor as we both feel there is no point.
I know someone who has divorced they are giving me help on filling them out. I can download them from the web as well.
Is this do-able? Would we have to get a document signed in addition to this to safeguard us both that if either of us come into money we wouldn't claim a share. We have no children and no other financial commitment with eachother.
Will it still cost £300 plus a final £40 this way?
Can someone confirm the forms I need?
Thanks in advance.

  • Vail
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13 May 08 #22310 by Vail
Reply from Vail
Hi Kahuna,

It sounds as if you are doing really well.

One of you needs to apply for a nisi. Once you get that the person who applied should apply for ancillary relief, Form A and the first appoinment follows usually about 12 weeks after.

Both o fyou could agree to the first appointment being a FDR on Form G and submit a D81 which is a summary of your finances together with your joint proposed consnet order.

I'm sorry I can't bring the details of court procedure to mind, but check with the court you are going to use. They are normally very helpful. They'll tell you the fees as well.

You may have to get a solicitor to draft th terms of the Consent Order.

You could submit the application for Decree Absolute then as well.

I wish you both the best.

  • kahuna
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13 May 08 #22315 by kahuna
Reply from kahuna
Re:Can we submit our forms signed together? 22 Minutes ago
Hi Kahuna,

Hi Vail
Thanks very much for the quick reply. I seem to be doing well at the moment. I have been through some tough months of denial, grief, anger, guilt, resentment, etc. I feel I've come out the other side now and have moved on from that part of my life.

So - when I submit the petition it's for a nisi? And we can both sign this? Then the nisi comes through (to me?) and then I apply for ancillary relief. Next question - is this really necessary? Could it come back and bite me if I don't do it?

If we no longer have any joint finances together (if I apply after June), what will this mean?

Can I go to any court or does it have to be a particular court?

I understood that consent orders were only for those who had children?? I'm wrong on that one then?

Many thanks

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13 May 08 #22316 by Vail
Reply from Vail
hi Kahuna,

Well done on getting through the emotional difficulties at the beginning.

Only one person applies for the Decree Nisi, it's pointless for both of you; one petitioner, one signatory.

if you apply then the nisi will come to you. there are 5 grounds one which you can apply. Check out thw wiki 1st stage onthis site. Your x will have to agree and not defend it. Adultery or Unreasonable behaviour is usually good for a speedy nisi.

Yes it is necessary, without the nisi, you can't apply for ancillary relief and you need that so that one or other of you don't come back later for a second bite of the cherry.

You always have 'joint' finances. Everything that's in your respective names will be lumped together to form one financial pot irrespective of who owns it. the pot is then shared a spart o fthe ancillary relief, which mean sthat you get it all back again but hopefully rubber stamped by a court order.

You can go to any court but it would be better to go to one near you specialising in family law. Judges can be twats.

A consent order is for any divorce, with or without children.

I hope this is helpful.

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