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The Prayer

  • Forester
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10 May 11 #267356 by Forester
Topic started by Forester
I'm going to use the Wiki Consent Order as we have agreed our financial split. But should I tick the relevant boxes in the prayer on the D8 form in case he changes his mind about anything. And if I do tick them, am I still able just to go for the Consent Order or does it get more complicated.

Trying to make this whole process as simple as possible but there is nowhere on the D8 form giving the option for this financial agreement.:blink: :S

  • dukey
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11 May 11 #267391 by dukey
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Hello

Do you know wiki can do all the forms for you?, its not just D8/a there are others affidavit in support of the Petition Directions for trial application to make Nisi Absolute ect.

Anyway to answer your question if you are doing this alone tick all the box`s in prayer - doesn't mean you intend to use any of them but it does give you a fall back position should it all go pear shaped.

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26 May 11 #270007 by listep
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Just asking for clarification - you say tick all boxes, other posts say 'leave blank, do not cross out'. The way I understand it so far is:
1. If you tick all boxes, you need to file form A even if you are having Consent order eventually
2. If you leave unticked and do not cross out - you don't have to do form A, but you are still able at some later stage (not sure how) to apply for any of them if the consent order doesn't happen.

Am I correct or entirely off track? Thanks

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26 May 11 #270008 by dukey
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Hokay lets see if i can explain this,

If your acting in person tick them all, then should you need to file for A no problem.

If you don`t tick them or worse rule through them and then later find you need to file form A you would need to apply to a judge for permission, the presumption is strong that you would be granted permission but its all time and hassle.

Most solicitors just tick them all regardless, better safe than sorry as they say.

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26 May 11 #270014 by listep
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OK, so I tick them all and if after Nisi we go ahead with the consent order as planned, do I or do I not need to fill form A and any other forms because I ticked all AR options? Excuse me for being super thick, and yes I am LIP at the moment and planning to use the wiki consent order service.

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26 May 11 #270026 by dukey
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The good news is the wiki service comes with a helpline to answer any questions you have so good choice.

If you can agree the consent order the only form required by court is D81 "statement of information for consent", the wiki solicitor will complete this for you after asking you to provide some basic details, your ex will have to do the same, so you don`t need form A at all.

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26 May 11 #270031 by listep
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Thank you so much for the detailed help. I thought that if AR is ticked you have to send a Form A 'Notice of an application for Ancilliary relief' marked for dismissal purposes later on (read somewhere here). Looks easier now. I just want to avoid having to do any extra forms (and fees that might come with them) if possible. Thanks again

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