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D81 after the divorce

  • Murka
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28 Apr 13 #391218 by Murka
Topic started by Murka
We''ve already divorced and the divorce was not in the UK(in a country where we''ve got married), but we are the UK residents(not citizens)
In order to resolve financial issues we are planning to submit D81 to court. Therefore I have several questions.
1) Is it possible for non-citizens to submit D81?
2) Is it enough for us to agree on split of assets and submit D81(or something else should be filled in/done)
3) We''ve got divorced 7 months ago, but separated 5 months ago. When we fill in the D81, what date should be used when I populate the fields? 5 months ago I wasn''t working , but I had some savings. Now I''ve got the job, but I don''t have that savings. Therefore there is a big difference in my financial circumstances
4) My ex has got a big pension(we are 32 and 35 y.o at the moment). It''ll be split 50/50. I''d prefer not to split it , but offset the corresponding amount against the other fin assets. E.g if my half of his pension is 5000, I''d like this money not to be shifted onto my pension account, but be settled against my payments for my half of the house(i want to buy out from him my half of the house). Do I need to fill in pension-related fields on the D81 form in this case?
5) How to fill in the D81 if we''ve got a flat that casts 150 000. Outstanding mortgage is 45 000. We are going to split it 50/50 and in order to have a property under my name I''ll pay him off my half e.g lump sum of (150-45)/2=52500.

Any assisstance will be much appreciated!

  • NoWhereToTurnl
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28 Apr 13 #391233 by NoWhereToTurnl
Reply from NoWhereToTurnl
Hi and welcome to wiki,

A Consent Order for the resolution of financial remedy needs to be drafted by a solicitor, it is not something you should attempt alone.

There are certain criteria that needs to be complied with, one that you have both received legal advise about the division of assets.

It would be beneficial to both of you to agree how you are going to split your assets as this will save expensive legal fee''s and you could use the Financial Settlement Clean Break Order on the right of this page.

Give the wiki line a call on 0800 44886644 or the mobile friendly number 01202 805020

Best wishes,

NWTT.

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