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Statment of issues

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02 May 07 #146 by mkno
Topic started by mkno
I am putting together a statement of issues, which I need to submit to court by the 11th of May 2007,
along with chronology etc.

I would be grateful if you could offer any advice on significant facts I should include in the statement
I am the applicant and the only issue for me is the dividing of the property, I am asking the court for a transfer of property order and a lump sum order.

The respondent is asking for the same but is also asking for a pension attachment order.

We have three children 11, 13 and 17 the eldest is in full time work.

My ex-wife before and after our separation verbally agreed to apply for a council house and once she was offered one and moved in were to sell the matrimonial home and spilt the money; she was offered one in August 2005 but did not accept it for no good reason.

Since that time, the ex chose to ignore all my attempts to resolve the matter or reply to any of my letter and failed to turn up at court when I was seeking leave of the court to make an application this now resulting in the need to take the matter through the court.

She will also benefit from her parents will and she is able to increase her hours of work too. The children will all have a insurance policy due when they are 18.

Would the above be significant facts and bear any relevance to the judges decision in this case


Your advice would be most appreciated

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04 May 07 #160 by wikivorce team
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In the statement of issues you need to state what you believe are the relevant factors in your case.

All the facts you mentioned have some relevance and are exactly the type of thing you should include (some people start out including lots of non-relevant issues such as "he cheated with so and so" or "she was constantly nagging").

The court is very focussed on "needs" and "ability to pay".

You should have sections summarising your view on:
1) her needs
2) her ability to earn income
3) your needs
4) your ability to earn income

So the point about the council house goes in section 1 - because by refusing she unnecessarily increased her needs.
Whatever point or evidence you have about her being able to work more now goes in section 2 etc<br><br>Post edited by: wikivorce team, at: 2007/05/04 19:19

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07 May 07 #186 by mkno
Reply from mkno
Thank you so much for your advice it has helped me focus on relevant points.

Further to this case you may well be aware I have been directed to detail costs, the only costs I will be submitting is the costs of court fees with regards to my initial application, notice of intention and the application for ancillary relief.

Could you please advise me if these are permitted cost.

Once again thank you for your help and advice.

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07 May 07 #189 by wikivorce team
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Yes - these are permitted costs.

I believe that when the respondent signs the acknowledgement of the petition they have to tick a box to say whether or not they are willing to pay the costs (this refers to exactly these court fees for the petition) so the respondent may well have already agreed to these specific costs.

In case you are interested - when you self represent you can claim costs (a little under 10 pounds per hour of your time) as well as costs such as travelling to court, loss of earnings if you take an unpaid day off to go to court etc. Also photcopying, postage, etc etc

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07 May 07 #197 by mkno
Reply from mkno
Thank you again for your most valuable help.

Regarding self-representation and costs. I have downloaded the form H for estimated costs, however the form is directed at solicitors costs, would it be appropriate for me to cross out solicits and insert self-representative? Alternatively, would it be acceptable just to submit cost on an A4 sheet of paper.

Further to this is there a statutory guide for costs I could look at.


Thank you so much<br><br>Post edited by: mkno, at: 2007/05/08 16:16

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09 May 07 #204 by wikivorce team
Reply from wikivorce team
The best guide to what costs you can claim is in the Wikivorce Divorce Guide, under Self Representation and in section on "Recoverable Costs for LIPs".

To complete form H:
- put your costs for your time in PART 1 row 1 (ancillary relief solicitors costs) in column 2(Indemnity rate).
- put your costs on court fees, travel, photocopying etc under row 2(Disbursements) andc column 2(Indemnity rate)

Complete TOTAL and GRAND TOTAL

Enter how much of the above you have already forked out for (probably travel and photocopying) in PART3 row 6 col 2.

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27 May 07 #415 by mkno
Reply from mkno
Thank you for your help with my last issue. I attended the first appointment and the judge made further directions to both parties. The judge as stated, I being the applicant have the responsibility to compile the court bundle

I would be grateful if you could advise me of what should be the content and format I would be expected to use when submitting the schedule (bundle) for the FDR.

Would I need to make further copies of the form E for example or would these documents be carried forward to the judge by the court services? I understand I would need to put all offer letters in the bundle.

Regarding the schedule is this a summary such as details regarding length of marriage, age, children to the marriage, assets liabilities, and need current and future.



Thank you

Kind regard
MK

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