This very common question creates a lot of confusion and panic, this blog aims to explain what it means and to help you understand if you should tick it or not. Before we delve into the nitty-gritty, for clarity, we are referring to the 'Do you want to apply for a financial order' question in section 10 of the divorce/dissolution petition (legally known as a D8).
1. "What happens if I tick 'yes' for either myself or/and my children too?"
This will not trigger any legal process or commit you to anything. In fact, it really doesn't do anything at this point. It just means that you have left the door open to sort out a consent order (the document that makes your financial split legally binding) in the future.
2. "So, why would I tick 'yes'?"
At amicable, we generally advise that it is a good idea to tick 'yes' as it means you've already started the financial proceedings in eyes of the courts. This is important as it protects you if you remarry before your financial split has been made legally binding by the courts (which can take a while).
3. "What happens if I tick 'no'?"
Again, nothing will immediately trigger. However, if you are the petitioner and have ticked 'no', you can still apply for a financial order in the future, but only before you remarry. After re-marriage, the only type of financial claim that you could make against the respondent would be in respect of their pension.
4. "Do I have to get a consent order/financial order if I tick 'yes'?"
No, it just means you can do so in the future if you want to.
5. "Is there anything else I should be aware of?"
If you have ticked the 'maintenance pending suit' box then this falls outside of the rules above as the courts may contact you to ask if you want to request a hearing.
If you would rather speak to someone about the above or have any other questions above the divorce process in England and Wales, then please get in touch.
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