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Why do my divorce papers say money is claimed

Why do my divorce papers say money is claimed is a common reaction to being sent the divorce petition according to Cheshire divorce solicitors Stonehewer Moss as the form has tick boxes at the end that refer to periodical payments, property adjustment orders,pension orders and lump sums with no accompanying notes to explain what it is means to you. Stonehewer Moss solicitors  in Northwich, like many solicitors, will see you without charge for an initial discussion and to consider options. The standard advice is that the petition is completed by solicitors in standard terms as failure to tick the boxes could prejudice you if you re marry and did not get a formal order of the court about finances when you divorce.

Why do my divorce papers say money is claimed needs clarification of each of the terms mentioned above. Periodical payments are payments of income on a regular basis. Property adjustment is the distribution of interests in land or other items and need not be limited to those a spouse has his or her name upon before the order as long as one of you owns it. Lump sums are capital payments from savings and , for example, might be raised to buy out the other person in respect of a house.  A pension order is usually an order giving part of a pension, a share, to the other spouse who lacks similar provision.

Decree absolute does not automatically apply any settlement on the divorcing couple, no matter what was said or agree between you informally (usually this means without a solicitor) and the triumphant owner of Forest Green, the football club promoted to League football this week, James Vince has experienced the harsh end of this fact in less happy times this year when his ex wife took him to court 20 years after decree. Technically those ticked boxes are an application but the court does not get involved further without a separate application called Form A being filed and a fee paid. Assuming this has not been done in reliance on this blog alone would be a mistake; you may not recognise the further papers instigating the process of financial remedies and it is best to get it checked. Sadly many people now represent themselves in court and the obverse of the points made above needs to be noted by a petitioner on her own behalf; just ticking the boxes does not get you any further forward to settle financial arrangements.

The Family Proceedings Rules can be read on- line along with the Practice Directions (PDs). Having read rule 9 and associated PDs you may decide that the help of a representative is a good idea. The Court staff can  refer you to Family Justice Council advice notes on financial remedies for litigants in person  that include case studies but do apply your own common sense; reading a book and experience in dealing with real life problems are not the same and your marriage is likely to be a bit different to others. Settlement of finances should be achieved without a court decision at the end of the process described in rule 9 but confidently assuming your thoughts on your marriage will be shared by the judge if you refuse to negotiate or settle while not paying for a solicitor could be a mistake.

Again, if you are the other spouse faced with an assertive ex telling you they know the law (often calling on the authority of a solicitor you never hear from in person by letter) you should be cautious about assuming your ex does know everything; a solicitor can explain the process and likely outcomes at a cost often far less than your bossy ex is insisting you discount from the distribution of assets in his favour. If you ever hear the phrase, “Lets keep the solicitors out of it, they are only after the money”, reflect how much of your joint money your ex wants to keep for himself and pay a solicitor one tenth of that on a fixed fee for his or her advice about the fairness of that outcome.  

Why do my divorce papers say money is claimed; probably because you have been skimping on advice until now.

For advice negotiation and representation in divorce in Cheshire please call 01606 872 200 e mail info@piplaw.co.uk or visit www.stonehewermoss.co.uk

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Stonehewer Moss Family Solicitors, Citadel House, Solvay Road, Northwich, Cheshire, CW8 4DP

Family and Corporate Solicitors Northwich covering Chester, Crewe, Knutsford, Macclesfield, Middlewich, Northwich, Runcorn, Sandbach, Warrington, Winsford, and across Cheshire.

Stonehewer Moss Solicitors is a trading style of the Stonehewer Moss Limited, Registered in England No. 542 6583
which is a firm of solicitors authorised and regulated by the the Solicitors Regulation Authority No. 471159

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