Q&As

Where the financial order boxes in the prayer to the divorce petition have not been ticked, and the parties now want the court to approve a financial consent order, what procedure should be followed?

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Published on LexisPSL on 30/05/2017

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where the financial order boxes in the prayer to the divorce petition have not been ticked, and the parties now want the court to approve a financial consent order, what procedure should be followed?

An application for a financial order may be made by notice in Form A, where either party has failed to include a prayer for a financial order in either the petition or answer, in accordance with Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.4) which provides:

‘When an application for a financial order may be made

An application for a financial order may be made—

(a) in an application for a matrimonial or civil partnership order; or

(b) at any time after an application for a matrimonial or civil partnership order has been made.’

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