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D81 form... any issues ???

  • Davidmm
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24 Jan 11 #247277 by Davidmm
Topic started by Davidmm
Hi All

Finally me and my stbx have finally agreed to give up the solicitor route and proceed with the Decree Absolute (after I gave a small lump sum)

now i have these D81 forms I am a bit wary, I have just sold my property which is rightfull mine from 10 years ago, we only had a short marriage (2 years) so she probably had no real claim anyway. but I do have a good lump sum in cash which I have recently invested. now these D81 forms will be sent to a judge to decide if its fair even though my ex wife stated that neither of us will be making a financial claim against the other, she is in a much better position than me so can a judge still award either way...pls note that i do not want any money from her also....i just want to get on with my life but there seems to be headaches at every corner..

sod getiing married again :(

can the judge still award either way regardless of our postions, what if she doesnt correctly state her financial position ?? (just a thought)

thanks

David

  • dukey
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24 Jan 11 #247279 by dukey
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Hello David


The D81 is just so the judge reading the Consent Order knows what income and assets you have, its very standard and needs to go with the order.

Because you agree and assuming there are no children and it was a very short marriage its often just a case of stamping the order providing you both took advice to make sure you both fully understand the ramifications of the order.

Its nothing sinister and the judge will not check the financial position you both state.

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24 Jan 11 #247283 by Davidmm
Reply from Davidmm
thanks Dukey,

just one think to add its proving difficult to assess the value of my pension and my company are stating that i need to speak to a legal advisor even though i have a company pension, can i just declare my monthly contributions , can this suffice ? its does state i quote

" the most recent evaluation (if any)"

well i dont have it, i could find out but I will need to speak to an advisor, can i just put my monthly contributions and the number of years Ive been in employment here ?

thanks again

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24 Jan 11 #247284 by dukey
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I`m not sure why they are asking to to speak to a lawyer, the pension is valued by its cash equivalent transfer value (CETV) which should be provided free of charge, you can ask for a free valuation once a year.

With no pension valuation it could be a problem, i suppose you could put,

Type of scheme (defined benefit ect) and how long the pension has run thus far, worth a go maybe.

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