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Filling in divorce form D8 - property adjustment
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# 1
bellefemme
Old 03-07-2010, 1:30 PM
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Default Filling in divorce form D8 - property adjustment

Hi. My husband and I seperated amicably 3 months ago and have decided to divorce. To keep things as inexpensive as possible we have decided to fill in the D8 forms ourselves. In the 'Prayer' section it asks about ancilliary relief. Although I am not seeking this (I am the petitioner) it asks about a property adjustment order. I am seeking sole ownership of the property (agreed by both parties) with a settlement figure which amounts to half the equity in the property. This will be finalised in the 'Consent Order'. My husband has agreed that this is all he wants.
Do I have to apply for a property adjustment order in the D8 form or will I do this with the Consent order? Or could I do it myself through the Land Registry? He will not contest it as he has already purchased a new properrty and is desperate for the finances to be settled.
Please help.
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# 2
bellefemme
Old 03-07-2010, 1:44 PM
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anyone????? please help.
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gratefulforhelp
Old 03-07-2010, 3:19 PM
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Sorry have no idea. Contact CAB?
Please do not confuse me with other gratefulsforhelp. x
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mookiandco
Old 03-07-2010, 6:46 PM
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You need to leave the whole prayer in (although if there are no children you can delete the bit relating to children). This is regardless of whatever agreement you have got. It doesnt mean you are going to apply for everything but you need to leave it incase everything goes wrong.

When you say it will be finalised in the Consent Order, are you also considering drawing this up yourself! I would suggest that at the very least go and see a solicitor about the consent order. Given that you are also asking about whether to leave the prayer in, I would also consider getting a solicitor to give the divorce petition a once over before you send it to court. If you send it to the court and its wrong you are going to spend alot of money on solicitors sorting it out not to mention the delays it will cause.

A consent order needs to be drawn up with the details of your agreement in it, a Form A needs to be issed (for dismissal purposes only) and a form with a summary of your income has to be lodged with the Court. The consent order should also contain a clean break clause (so no further applications can be made). The order will come into affect upon Decree Absolute and then you need to see a conveyancing solicitor to get the house transferred to you.
Proud Mummy to Leila aged 1 whole year
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