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My wife and I have started to fill in the initial divorce application on the Government website and reached the question that asked "do you want to apply for a financial order?" The only information about this I've been able to find is on this very website:
https://amicable.io/ticking-financial-box-on-divorce-petition
However, it doesn't explain whether I should tick "myself" or "myself" and "my children". We have two children, but we're not sure if this means we should tick the "my children" option or not. Any help greatly appreciated.
Replies (1)
Hi James,
Thank you for getting in touch with amicable.
Ticking either ‘yes’ or ‘no’ does not commit you to any particular legal action. Ticking ‘yes’ will give you the option to apply for a consent order even if you remarry before your financial split has been made legally binding.
If you tick ‘yes’, most people with children will then tick ‘myself’ and ‘my children’, though we can’t give specific legal advice in this forum. Most importantly, bear in mind that you or your ex-partner will have to make a separate application to the court for a consent order – and pay the relevant fee. The court won’t chase you for an application if you don’t make one.
If you’re making a sole application, it might be worth letting your ex-partner know how you’ve responded to this question so they are aware and aren’t surprised when they are notified by the courts. There is more information on the divorce process and a helpful blog on financial settlements on our website.
Please book a free 15-minute consultation with us if you need more information or have any more specific questions.
We wish you all the best,
Tatiana from amicable