Financial Proceedings

Oh gosh I hope I don't have to do that! not only would it delay procedings but I would have to pay about £300 if its less than a year since my last forcast..... sigh

Could someone explain if the meaning of these paragraphs (used in Consent Order) implies the same?

a)Neither the Petitioner nor the Respondent shall make any further claims for financial provision including applications for periodical payments, capital division, and transfer of property or lump sum orders or pension sharing orders, nor against one anothers' estates in the future.

b)Upon the making of a final decree herein the Petitioner’s and the Respondent’s claims for financial provision, pension sharing and property adjustment orders do stand dismissed and neither the Petitioner nor the Respondent shall be entitled to make any further application in relation to their marriage under the Matrimonial Causes Act 1973 Section 23(1)(a) or (b), Section 24 or Sections 24B,25B,25C, relating to pensions, or to make an application to the court, on the death of the other, for provision out of his or her estate.

Many thanks.

Hi

The two paragraphs you have quoted arnet the same, or refer to the same financial provision.

a) refers to future assets, and that neither party will seek to make any claim on each other's assets in the future.

b) refers to matrimonial assets, and that neither party will make any further application relating to marital assets, pensions or inheritable estates.

Thanks Rubytuesday!

Which of them (paragraphs) should be used in Consent Order?

I would think that both would be required as the paragraphs relate to different matters.

I have some question regarding the Consent Order:

1. If property is (bought) located abroad, should the price of the property be shown in both British pounds (at app.) and foreign currency, and at which exchange rate (official – Central Bank of Foreign country or market – say, yahoo.com)?

2. When stating the ownership of the property, which details of the property are needed (address, price, when property bought) in Consent Order? Or is it enough to give the address only?

Many thanks for your help!

Adam12 wrote:
Could someone explain if the meaning of these paragraphs (used in Consent Order) implies the same?

a)Neither the Petitioner nor the Respondent shall make any further claims for financial provision including applications for periodical payments, capital division, and transfer of property or lump sum orders or pension sharing orders, nor against one anothers' estates in the future.

b)Upon the making of a final decree herein the Petitioner’s and the Respondent’s claims for financial provision, pension sharing and property adjustment orders do stand dismissed and neither the Petitioner nor the Respondent shall be entitled to make any further application in relation to their marriage under the Matrimonial Causes Act 1973 Section 23(1)(a) or (b), Section 24 or Sections 24B,25B,25C, relating to pensions, or to make an application to the court, on the death of the other, for provision out of his or her estate.

Many thanks.


The first paragraph generally appears in the first part of the final financial order (called the Recital). It is more explanatory than anything else. Strictly/legally speaking, it doesn't matter if this paragraph is omitted as long as the second paragraph is included.

The second paragraph is the essential paragraph. It dismisses all your partner's remaining financial claims against you(and therefore makes sure that he/she cannot make another claim against you, or your estate if you die before him/her). It generally appears at the end of the order - just before the paragraph that deals with costs. It also does the same for your remaining claims against your partner.