How to complete the divorce petition

[DG1411]

We have been separated for over 2 years and both agree that the divorce should go ahead. We are doing mediation and have agreed on his percentage of the house and when I have to sell/pay up. We have also agreed on his monthly payments for the children.

My question is, what boxes do I tick in Part 10 of the petition?

This is going to be a clean break divorce and I will owe him his share of the equity of the house - is this covered by "lump sum order" or "property adjustment order"? I don't think any of the others apply

Thank you for your help

[EXC]

Re: How to complete the divorce petition

I'll ask [MENTION=85500]Peridot[/MENTION] if she knows.

[Peridot]

Re: How to complete the divorce petition

Hi DG1411,
Apologies for the delay in responding.
From what you have said it appears that you are looking for a property adjustment order (PA order). You don't need to indicate anything on the form other than ticking the box. The court then makes the appropriate order to deal with the property. Just a couple of pointers below although you have probably thought of them already particularly if agreed through mediation.
There are several types of PA order including transfer into a sole name with the other entitled to a share at a trigger point. This may be achieved by placing a charging order against the property until the trigger is reached.
Is the property mortgaged? The name on any mortgage can only be transferred/removed with the lenders agreement. If the lender refused then it would be unlikely the Court would order a transfer of the property but instead could make an order to postpone the sale of the property until a set point in time eg children finish school. Any arrangements for how mortgages are paid and how the property is held in the meantime will have to be agreed between you. Upon sale at the specified point, each of you would receive a specified share of the proceeds of sale.
With regard to lump sums, have you agreed an additional sum being paid to either one of you by the other as well as the property agreement? If you have then tick lump sum order in addition to the property adjustment order box in addition. It doesn't need to be one or the other but it is dependant on the agreement you reached at mediation. Don't forget any pension sharing agreement if needs be too.
Don't forget to submit the Form A Notice with the petition,n in order to deal with the finances at the same time as the divorce petition.
It may be worth getting the agreement checked by a lawyer just to be certain that it would be considered an appropriate settlement by the Courts. The Court will obviously have the welfare of the children, as well as your individual finances, length of marriage and earning ability etc in mind when deciding if the settlement should be approved and the order made. If they do not think the financial agreement is fair they will not make the order.
If we can assist further by all means post again.
Congratulations on reaching an agreement. It is tough but necessary so that you can both move forward.

[DG1411]

Re: How to complete the divorce petition

Thank you Peridot. The house is mortgaged and I am able to remortgage, giving him £10k at the time of remortgage - we have agreed 25% of the property value, but as I can raise a mortgage greater than the current value I will be able to give him £10k, and thus reduce his percentage to 20.6%. The trigger to sell is our daughter turning 18.

We will be going for a clean break divorce.

I am hoping things can move forward smoothly now as there have been too many acrimonious moments!

[Peridot]

Re: How to complete the divorce petition

Hi DG1411,
I would tick both property adjustment and lump sum payment in that case.
Provided the division is fair based on assets of each of you and your requirements then the Court should approve the order.
As I mentioned before it may be worth you seeking advice on the agreement that you've reached and to ensure the draft consent order is drafted correctly, particularly if it has been a bit of a journey to get to this stage!
All the best.

Thank you Peridot. The house is mortgaged and I am able to remortgage, giving him £10k at the time of remortgage - we have agreed 25% of the property value, but as I can raise a mortgage greater than the current value I will be able to give him £10k, and thus reduce his percentage to 20.6%. The trigger to sell is our daughter turning 18.

We will be going for a clean break divorce.

I am hoping things can move forward smoothly now as there have been too many acrimonious moments!

[DG1411]

Re: How to complete the divorce petition

We are using a mediation service (Family Mediation in Sussex) who have advised that we will need to get a solicitor to make the agreement into a legal order. I will take it to ensure I am fully covered but I think everything is fair.

One final question, I have recently found out that my stepmother has died and I am probably in her will, although if I am there won't be any money until after the divorce is completed, but it is likely I would be able to pay him off completely. Should I declare this at the next meeting? And is he entitled to any of it? He's been gone for nearly 4 years.

Thank you

[Peridot]

Re: How to complete the divorce petition

Hi,
If possible then a lump sum payment to achieve the full clean break now would probably be preferable to both of you I expect, and enables you both to move on. However, any legacy that you have received while married may be looked at as an asset 'in the pot' so to speak. This depends on when the inheritance was received and the amount, amongst other things.
Once the divorce is finalised, then part of the order would deal with preventing each other having a claim on any future legacies, lottery win etc.
Would your ex be amenable to a full payment now? Would your inheritance definitely enable you to pay him his share as soon as it is received?
The mediator has advised you correctly with regard to obtaining a solicitor to draft the order. It may be worth discussing with them, get a free half hour maybe?
Before getting the advice, it would be sensible to approach the executors and see whether you are correct assuming you will get something and if so how much. They aren't obliged to give you the info but if you are a beneficiary and explain the situation they may be willing to give some further info. It won't be paid to you until the estate is fully administered so may be some time yet, and probably after you are divorced?
At least if you know what you are dealing with, it may clarify things for you, rather than trying to renegotiate a settlement on the basis you may be getting something and then finding out the legacy wasn't as you thought. As I mentioned above, It may also be sometime before you receive any legacy depending on how complicated your step mother's estate is to deal with.
The legacy is for you not your husband so he wouldn't be able to 'claim' half BUT due to the timings the legacy could be included in your assets which are all part of any negotiated settlement.
Would your ex be amenable to receiving his % sooner than when your daughter reaches 18 without the house being sold? The consent order could be prepared to allow for earlier pay off prior to your daughters birthday at 18. Could this be dealt with after the divorce once the estate has been finalised instead? I'd think about the options that you have once you are sure there is a legacy coming to you and you have an idea of the likely amount.
A clause allowing payment to be made to your ex before the trigger would be sensible. None of us know what will happen in the future.
The inheritance could be taken into consideration depending on the amount but again you don't have it yet and it may be sometime before you do. Until you have more information it may be worth holding fire and ensuring you have an option to pay your ex off sooner if you are able?

QUOTE=DG1411;701215]We are using a mediation service (Family Mediation in Sussex) who have advised that we will need to get a solicitor to make the agreement into a legal order. I will take it to ensure I am fully covered but I think everything is fair.

One final question, I have recently found out that my stepmother has died and I am probably in her will, although if I am there won't be any money until after the divorce is completed, but it is likely I would be able to pay him off completely. Should I declare this at the next meeting? And is he entitled to any of it? He's been gone for nearly 4 years.

Thank you[/QUOTE]