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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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claim interim payments

  • vanessa
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04 Jun 07 #574 by vanessa
Topic started by vanessa
Hello, went to the courts today to put in a claim for interim payments and suprise they don't know how to do it! One lady tried to get me to take out ancillary relief proceedings myself costing 210 and the other didn't know what i meant even after checking out the list of orders etc. i think i have to write a truth statement briefly stating my case but not sure what court order i'm looking for. i've checked the court wesite and they suggest asking the courts.
all help gratefully received i'd like to get this in quickly.
thanks

  • Louise11
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05 Jun 07 #591 by Louise11
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Hi Vanessa,

I think the leaflet d198_1205.pdf will help you. Its on the court website. Its D198 under divorce leaflets and forms. I also know as soon as you have filed form A, you can apply to the courts for various orders, i am going to go look for the form you want as we have it stored on Computer somewhere! But have no idea where! When i find it, i will try and send it you in email? i know its just a everyday form applying for an order, when you write out your request, you take it to the court and the fee is £40, i think you will also have to send a letter to your husband and a copy of the order, you are asking for. Then the courts send a copy to your husband, and you both are ordered to court for a short 5 minute hearing, where you will either be granted it or not.
Please dont quote me on all this but that is what we have done with anything we wanted from other party.
Its just like making a request to the court for whatever whilst everything else is being dealt with. This is what i would do anyway, especially as no one at the courts seem to know what you are talking about.
Kind Regards
Louise

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05 Jun 07 #593 by Louise11
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Hi Vanessa,

This is an update into what i think the court staff were trying to tell you.

Unless and until you put a FORM A into court you can not apply for anything, only your husband, (if its him that has started proceedings)if its you that started proceedings then your form A must be in court and you can do what i said in the previous post. (it is a general order form)( so this is what they must of ment when they said they wanted you to pay to start ancilliary relief proceedings)

My husband applied to courts to stop his former ex selling her property and disposing of the asset as he wanted 10k from her to settle all their previous debts. But the Judge ruled that because he hadnt put a form A in, he could not apply for anything in monetary terms from her. (I must point out though that he could never have put form A in as he had remarried!) What the Judge did say though was that any debts they had accumilated throughout their marriage would be taken into consideration and therefore any award she may get would be reduced by that amount. Or he could take civil action or private prosecution against her for all debts she walked away from. (Not knowing this point of law cost us dearly £895 to be exact, his ex was awarded
costs against us, funny though two judges and her barrister didnt even know this, had they of told us we would never have taken it to court) It ended up with exactly what her solicitors wanted and that was she ended up having to sign her house over to her solicitors to pay their 30k fees,) So we all lost out really.
Have a look at what form A on the court website that should explain a few things for you.
Kind regards
Louise

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06 Jun 07 #633 by vanessa
Reply from vanessa
Thanks for your reply but i still confused as the document you referred to says that any party can claim prior to the final hearing without mentioning the need for a new application ie form a
the court wrote to me today sending me a form A saying they have my written application but need the correct form to support it and that the respondant will expect to be served the correct form.
they did not mention any extra fee to be paid in addition to my £40.
also i didn't think costs got awarded nowadays. it becomes more complicated as it goes on.

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07 Jun 07 #641 by Louise11
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Hi

Right from what i can gather the correct form is form A, i think from your post you are saying that the courts have sent you a form A and that this is the correct form for you to fill in as they need to serve it on your ex2b.
My advice (and please i am no expert) and its only what i would do....is tick every box (apparentely that is what you do, so i have been told) i would staple a letter with it explaining your circumstances and apologizing if its the wrong form. It is so much easier to say in a letter what you are asking for, than try and fill in legal jargon forms!
Please seek advice from the family court or legal person though before you send back the form, because i would hate for you to put the wrong form in and it jeapodise you in any way, shape or form later in proceedings.
Its sooooooooooooo frustrating! especially when people look at you as if you have just landed from Mars! Whats so hard about asking for some help financially whilst awaiting a FH???? You would think someone at court would say yep yep this is the right form, fill it in and hey presto!! Drives you mad..... keep plodding away Vanessa, like i say this is all a learning process and things get clearer as you go further down the line.
As for the costs thing......the new rules only came in (dont quote me on this as i dont know exact date) But its only for any case starting after June 2006) Ours started Jan 04!
Kind regards
Louise

P.S...... As for the £40 i wouldnt bother sending it, the courts will ring or write to you asking for it, if you need to pay it.

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08 Jun 07 #656 by vanessa
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Thanks Louise. I have sent the form in but the judge accepted my letter and has added a direction meeting to our FDR to look at my claim. came cross his sol while there he now wants even more money, 88% of equity in the house we bought jointly (2 months together in it. soon he'll be trying for the other one!! his sol didn't appear to agree with him. strangely enough he doesn't want any of the debts.

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08 Jun 07 #657 by vanessa
Reply from vanessa
Thanks Louise. I have sent the form in but the judge accepted my letter and has added a direction meeting to our FDR to look at my claim. came cross his sol while there he now wants even more money, 88% of equity in the house we bought jointly (2 months together in it. soon he'll be trying for the other one!! his sol didn't appear to agree with him. strangely enough he doesn't want any of the debts.

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