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Divorce Finances

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Ordering

The Notice of First Appointment sets out the timetable as to what must be done, and by when, ahead of the FDA (First Hearing).  This new version now includes the recent changes to Financial Remedy procedure.

ES1 is the new composite case summary. This sets out all the key information on the case, including the basic information of thecourt case number, parties' names and so on, as well asmore detailed information as to costs incurred and estimated, alongside a concise summary of the issues in the case.

The composite case summary , along with the asset schedule must be filed by the applicant:

  • 1 day before the First Appointment
  • No later than 7 days before the FDR
  • No later than 7 days before the Final Hearing

The new templates can be dowmloaded here - https://www.judiciary.uk/wp-content/uploads/2022/01/FRC-Notice-11-Jan-22-attachments.zip

ES1  - composite case summary - is to be filed no later than 7 days before to the FDA 

You may find this template useful. Keep it concise and factual. When a court orders statements dealing with Section 25 criteria it seeks that each party set out their case ­­based on various factors that the court has determined to be important. These would include age, earning ability, pension entitlement, life expectancy, care of children etc.

An article explaining Arbitration, written by Jonathan James, Lead Arbitrator at National Family Arbitration Service.

In financial proceedings a chronology is a simple document to give the judge a brief outline of some of the detail he/she needs.The aim is to provide a summary which focuses on the history and significant events to your case.

A chronology is a simple list of key dates e.g. dates of birth of parties and any children, start of cohabitation, marriage, separation, divorce petition etc. It may include things like property purchases, receipt of inheritance etc.

You need to keep it simple with bullet points identifying all the key events in chronological order. The aim is to provide a summary which focuses on the history and significant events to your case.

There is no form for a chronology, it is written on a blank page.

Below is a suggested template:

A Legal Services Order can secure funding for one party' legal representation in AR proceedings where, unless the funding is made available to the applicant, that applicant would not be able to secure legal assistance for the proceedings or part of them

Financial Arrangements in Divorce – Scotland

An explanation of how matrimonial assets are shared (Scotland)

Legal Aid is money provided by the taxpayer given or loaned to litigants on low incomes to enable the purchase of legal services such as a solicitor or barrister.  Your solicitor will provide you with all the information you need, and the appropriate forms so that it can be determined whether or not you qualify (note that the forms changed on 1st November 2012).  Solicitors must be members of Resolution (formerly the SFLA) and uphold the Resolution guidelines to qualify for public funding.

Form E changed April 2011, this should help with the new version.

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