Diy Divorce and affidavit of means

H

herekitty

Registered User
Messages
32
Ex and myself have agreed an uncontested divorce. So we are doing a DIY divorce. The Courts website says that one of the first documents to be filed is an affitdavit of means and in brackets it says "where financial relief is being sought". My question is, as neither of us are looking for relief from the other, would anyone if my interpretation is correct and in our case we wont need this affidavit to be filed.

Many Thanks
 
I've heard some judges insist on affidavit of means being filed anyway to satisfy themselves that proper provision has been made for both spouses.
 
1996 Family Law (Divorce) Act
5.—(1) Subject to the provisions of this Act, where, on application to it in that behalf by either of the spouses concerned, the court is satisfied that—
(a) at the date of the institution of the proceedings, the spouses have lived apart from one another for a period of, or periods amounting to, at least four years during the previous five years,
(b) there is no reasonable prospect of a reconciliation between the spouses, and
(c) such provision as the court considers proper having regard to the circumstances exists or will be made for the spouses and any dependent members of the family, the court may, in exercise of the jurisdiction conferred by Article 41.3.2° of the Constitution, grant a decree of divorce in respect of the marriage concerned.
(2) Upon the grant of a decree of divorce, the court may, where appropriate, give such directions under section 11 of the Act of 1964 as it considers proper regarding the welfare (within the meaning of that Act), custody of, or right of access to, any dependent member of the family concerned who is an infant (within the meaning of that Act) as if an application had been made to it in that behalf under that section.

I would think that the Court would be somewhat surprised if there was not some financial arrangement - particularly if children are involved. I assume there are not any?
Secondly I think a reasonable judge would ask about each others means where neither appears to have been legally advised.

For example one party may under a massive misapprehension (by the other usually) and therefore simply is unaware of their legal rights.

To be blunt I think whichever of the couple is more financially advantaged surely there is some balancing required?

In effect there is nothing saying you have to have an affidavit of means, as it is sworn, and I think the judge might feel that he or she needs to sure of the points I raise. How would you both satisfy the judge? They will have heard it all before. The judge won't want this boomeranging back - on balance I'd say the judge will insist.

If you can convince the judge, on you go!

(and MrsVimes posted as I was composing - I concur with her!)
 
Thanks for your replies. There are no children involved but on balance it looks like an affidavit will be required. Thank you again
 
You must log in or register to reply here.
Back
Top