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Divorce. Anyone know what this stuff means?

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He cant afford solicitors and stuff so will be responding himself.

Is there anyone here that can tell him what this stuff means? Ive typed it out verbatim and his ex partner has ticked all the boxes.,

 

(3) Financial order (if you wish to make an application for a Financial Order)

 

(a) That the Petitioner may be granted the following Financial Order(s)

 

An order for maintenance pending suit/outcome

 

Periodical payments order

 

Secured provision order

 

Lump sum order

 

Property adjustment order

 

Order under section 24B, 25B or 25C of the Matrimonial Causes Act of 1973/paragraph 15, 25 or 26 of Schedule 5 to the Civil Partnership Act of 2004 (Pension Sharing/Attachment Order) or section 25F or section 21B of the 1973 Act or paragraph 19B or paragraph 34A of the 2004 Act (Pension Compensation Sharing/Attachment Orders)

 

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For reference he has both kids living with him, his ex (their mum) contributes nothing.

Ive told him it seems like she is applying for maintenance from him and a lump sum but he has his fingers crossed it means that she is applying for an order so that she can contribute to the kids.

Who is correct?

Thanks in advance.

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I would suggest he tries to see or speak to Citizens Advice

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If you/he wants clarification on that for free then CAB would be the best bet on Monday. Til then, post the same on the moneysavingexpert forum in the right sub forum. There's a wealth of information & ppl with knowledge on there.

Neither of those are a substitute for proper legal advice tho...

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Thanks for your replies. Ill pass them on. For my part Ive told him to apply for legal aid. He cant work right now due to looking after his disabled child so hopefully he will qualify.

Thanks again good people :-)

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His ex partner wants money as part of the divorce settlement.

 

If each of these has a box

 

An order for maintenance pending suit/outcome

 

Periodical payments order

 

Secured provision order

 

Lump sum order

 

Property adjustment order

 

Then she wants a temporary arrangement immediately, an order to make regular payments, another form of a regular payment, a lump sum and a share of the property.

If the guy isn't currently working then the ex isn't likely to be owed anything except a half share of any assets (eg house equity).

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His ex partner wants money as part of the divorce settlement.

 

If each of these has a box

 

An order for maintenance pending suit/outcome

 

Periodical payments order

 

Secured provision order

 

Lump sum order

 

Property adjustment order

 

Then she wants a temporary arrangement immediately, an order to make regular payments, another form of a regular payment, a lump sum and a share of the property.

If the guy isn't currently working then the ex isn't likely to be owed anything except a half share of any assets (eg house equity).

 

He's got the kids so she may have to wait .... and she is likely to be the one to pay maintenance.

 

Mediation will be required before a hearing can go ahead.

Legal Aid is no longer available for divorce/financial settlements unless violence or abuse is involved.

Aid for mediation costs is available.

Most Family Lawyers will give a free initial consultation, which he would be well advised to take advantage of. Some pro-bono support may be available.

There is a Sheffield Legal centre (can't remember the name) who may be able to help.

 

The universities also hold free advice clinics.

Edited by cgksheff

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His ex partner wants money as part of the divorce settlement.

 

If each of these has a box

 

An order for maintenance pending suit/outcome

 

Periodical payments order

 

Secured provision order

 

Lump sum order

 

Property adjustment order

 

Then she wants a temporary arrangement immediately, an order to make regular payments, another form of a regular payment, a lump sum and a share of the property.

If the guy isn't currently working then the ex isn't likely to be owed anything except a half share of any assets (eg house equity).

 

Thank you :thumbsup:

 

---------- Post added 03-09-2017 at 17:13 ----------

 

He's got the kids so she may have to wait .... and she is likely to be the one to pay maintenance.

 

Mediation will be required before a hearing can go ahead.

Legal Aid is no longer available for divorce/financial settlements unless violence or abuse is involved.

Aid for mediation costs is available.

Most Family Lawyers will give a free initial consultation, which he would be well advised to take advantage of. Some pro-bono support may be available.

There is a Sheffield Legal centre (can't remember the name) who may be able to help.

 

The universities also hold free advice clinics.

 

He is ringing solicitors tomorrow. Violence and abuse was involved but he never reported it to the police. However he did once go and speak to his GP about it and he has a letter confirming this. He also has a statement from a family member who once witnessed her attack him. I told him to report her to the police years ago but he said A, They probably wont believe him and B, He was ashamed about it. I can totally sympathise having been through this myself so I never pushed the issue. Ironically his ex was one of those women who's favorite number was 999. She made up stuff and reported him for violence lots of times usually just after assaulting him. Charges were never brought against him and the last two occasions the police were actually sick and tired of her reports. They could tell her outlandish claims were just that so never prosecuted him.

Fingers crossed he gets the legal help but if not im sure he will give a good account of himself in court.

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He cant afford solicitors and stuff so will be responding himself.

Is there anyone here that can tell him what this stuff means? Ive typed it out verbatim and his ex partner has ticked all the boxes.,

 

(3) Financial order (if you wish to make an application for a Financial Order)

 

(a) That the Petitioner may be granted the following Financial Order(s)

 

An order for maintenance pending suit/outcome

 

Periodical payments order

 

Secured provision order

 

Lump sum order

 

Property adjustment order

 

Order under section 24B, 25B or 25C of the Matrimonial Causes Act of 1973/paragraph 15, 25 or 26 of Schedule 5 to the Civil Partnership Act of 2004 (Pension Sharing/Attachment Order) or section 25F or section 21B of the 1973 Act or paragraph 19B or paragraph 34A of the 2004 Act (Pension Compensation Sharing/Attachment Orders)

 

-----------------------------------------------------------------------------------

 

For reference he has both kids living with him, his ex (their mum) contributes nothing.

Ive told him it seems like she is applying for maintenance from him and a lump sum but he has his fingers crossed it means that she is applying for an order so that she can contribute to the kids.

Who is correct?

Thanks in advance.

OK. Let's rewrite it. I like a challenge (NB: it's not my area of law!)

Try this:

 

The person seeking the divorce wants these:

1. An interim Order for payments until the case is decided.

2. A lump sum Order or periodic payments after the case is decided.

3. A Property adjustment Order after the case is decided.

4. An Order giving a share in the defendant's pension.

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He cant afford NOT to have a solicitor! Some solicitors will set up payment plans. My brother in law opted not to have a solicitor and he lost 95% of his £300,000 mortgage free house with nothing when his two children are 18 despite only having been with her for 6 years and him bringing all the wealth to their marriage. They had nil savings. He kept only his pension. Very foolish but his choice.

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OK. Let's rewrite it. I like a challenge (NB: it's not my area of law!)

Try this:

 

The person seeking the divorce wants these:

1. An interim Order for payments until the case is decided.

2. A lump sum Order or periodic payments after the case is decided.

3. A Property adjustment Order after the case is decided.

4. An Order giving a share in the defendant's pension.

 

Thank you for that. Re the property adjustment order. He rents private and has for some time. She left the family home (the rented address) and now has a house of her own (rented I think).

What does the property adjustment order mean for him, if anything? From the sounds of it and from my attempting to make head or tail from the online legal jargon ive googled It would appear the the PAO only applies if one party owns the house? Is this right?

Thanks again for your reply :)

 

---------- Post added 05-09-2017 at 19:56 ----------

 

He cant afford NOT to have a solicitor! Some solicitors will set up payment plans. My brother in law opted not to have a solicitor and he lost 95% of his £300,000 mortgage free house with nothing when his two children are 18 despite only having been with her for 6 years and him bringing all the wealth to their marriage. They had nil savings. He kept only his pension. Very foolish but his choice.

 

He has an appointment to see one. I think its next week but dont quote me on that. He will be applying for legal aid on the grounds of physical and emotional abuse. He has some evidence, not much but some so fingers crossed it pans out. Sorry to hear about your bro in law. Thats sounds really harsh on him.

As for my friend he has zero savings, no pension and no assets.

Its a long and rather sad story but not one I can really go into.

Thank you for the post, it certainly puts the seriousness of his situation into perspective and I will make sure he pushes hard for the legal aid.

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It sounds like she's simply ticked all the boxes without knowing what they mean.

 

If he has no equity in a house, no savings, no pension, no assets and no income, then she's entirely wasting her time.

On the other hand, if he cares for their child and she has income, he should be asking for child support and maintenance from her.

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It sounds like she's simply ticked all the boxes without knowing what they mean.

 

If he has no equity in a house, no savings, no pension, no assets and no income, then she's entirely wasting her time.

On the other hand, if he cares for their child and she has income, he should be asking for child support and maintenance from her.

 

Absolutely. Child maintenance is payable by either partner, it's not just the dads who pay it. They were both part of brining those kids into the world so they are both of their responsibility and it's important she pays her way towards them.

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