Please help understand Petitioner's Prayer

PaulAA_2

Hi all,

Even though the mention of legal/financial matters in my previous post has been received critically, I still need to understand what the draft petition says.

In particular, Part 10, Financial Order has boxes ticked against all orders. These orders are:

1. maintenance
2. periodical payments
3. secured provision
4. lump sum
5. property adjustment
6. sections 24B, 25B, 25C

I would appreciate if anyone could explain or point me to a document that explains these orders in layman terms.

What are the bases for awarding these orders for couples with no children?

Thank you, and thank your for your understanding.

Mattygroves2

Have a look at the Wikivorce website or go and see a solicitor of your own. Starting point for assets (owned by either of you) including pension is 50 / 50 but each case us different.

margaretclare

I think this may be a try-on.

When DH was divorced in the late 90s all this stuff was on the very first letter he received from ex's solicitor. As an older couple obviously there were no children involved - all grown and flown! But still ex - and her solicitor - wanted to try it on. Lump sum, maintenance, the house and mortgage paid by him - in a pig's ear. It didn't happen. Just get an experienced family law solicitor involved and take it from there.

pmlindyloo

I think this link might help you:

http://www.healys.com/site/srvprivate/family_law_solicitors/family_law_further_information/family_law_solicitors_in_brighton_form_d8_advice.html

rpc

PaulAA wrote: »

I still need to understand what the draft petition says.

It says she would like to take you to the cleaners.

mumps

Health issues can change things, I know someone who lost pretty well everything, pension, house and savings, as his ex had a medical condition that was likely to deteriorate overtime. Funnily enough she doesn't seem to have deteriorated much in the last 15 years from what I hear. Made it very hard for him to start again. We were all very surprised as didn't think this was possible. His solicitor did say she might get more than half due to health but I think even he was surprised. Maybe she got lucky with the judge.

Just thought she didn't get all his pension but she did get a share of the pension and lump sum but he wasn't due to get that for 20 years so can't remember how that was split. She did get the house and maintenance and left him with very little but he did have a good job.

mgdavid

You (and your solicitor & barrister) need to go for a 'clean break' agreement, nothing less. That means splitting the assets now, and agreeing Child Maintenance, and that's it. They will often try it on for Nominal spousal maintenance, e.g. £1 per year - this means they can go back to court at any time in the future and as often as they dare, to have it varied and use sob stories and hardship to get what they want. They are entitled to 'needs' not 'wants' try to bear that in mind.

margaretclare

mgdavid wrote: »

You (and your solicitor & barrister) need to go for a 'clean break' agreement, nothing less. That means splitting the assets now, and agreeing Child Maintenance, and that's it. They will often try it on for Nominal spousal maintenance, e.g. £1 per year - this means they can go back to court at any time in the future and as often as they dare, to have it varied and use sob stories and hardship to get what they want. They are entitled to 'needs' not 'wants' try to bear that in mind.

Yes, I couldn't agree more.

DH's ex did not want 'clean break' because she envisaged being able to go back, and back, and back...

She even wanted part of his annuity which was already in payment and did not carry a widow's provision with it. To keep his annuity he gave up the matrimonial home, even though she'd wanted it but also wanted him to keep paying the mortgage on it!

Which of them came out best in the end - well, she inherited her father's house the following year, and obviously, because of the 'clean break' he could have no claim in that. But as he says, he sleeps well at night with no chance of her coming on to him for anything else, ever again.

PaulAA_2

rpc wrote: »

It says she would like to take you to the cleaners.

Sorry, I don't understand. Would you mind explaining please.

margaretclare

PaulAA wrote: »

Sorry, I don't understand. Would you mind explaining please.

She wants it all! The phrase 'take you to the cleaners' means strip you of everything, even down to your underpants.

PaulAA_2

margaretclare wrote: »

She wants it all! The phrase 'take you to the cleaners' means strip you of everything, even down to your underpants.

A few replies on the other thread suggested that it's not the right time to be concerned with the legal/financial matters.

You have voiced the opposite opinion (thank you for this). My wife has told me she'd only want a half not more. The draft petition reads differently.

Should I be concerned that I could lose more than a half? Any advice or useful reading material that you can recommend please?