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| Information
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| ANCILLARY
RELIEF PROCEDURE INFORMATION SHEET |
We set out below the procedure
that will be applied to the County Court when considering
the question of ancillary relief within divorce.
Steps
1) File Ancillary Relief Notice on Form A.
2) First Appointment is fixed within twelve to sixteen
weeks ahead (Form C). NB. No vacating of date without
permission.
3) Form A to be served on the other side within
four days of Form A being filed with the court.
4) Filing and simultaneous exchange of Form E completed
and sworn by each party and containing the information
and attaching the documents required by the Form
and any other documents necessary to explain or
clarify the information at least 35 days before
the First Appointment.
Required Documents
1. Property valuations obtained in the last six
months.
2. Most recent mortgage statements.
3. Last twelve months bank statements.
4. Surrender values and quotes of insurance policies.
5. Last two years business accounts.
6. Valuation of pension rights.
7. Last three pay slips and most recent P60.
5) Service of documents required by but unavoidably
not attached to Form E (with explanation) filed
at earliest opportunity. NB. No general discovery
before First Appointment.
6) Filing and service of:-
1. Concise statement of issues.
2. Chronology.
3. Questionnaire (referable to the statement of
issues) seeking further information and documents.
4. Notice on Form G stating whether that party will
be able to proceed to Financial Dispute Resolution
(FDR) at the First Appointment with confirmation
of service.
at least 14 days before First Appointment.
7) Produce first costs estimate (Form H). If a party
intends to seek a summary assessment of costs, produce
a Woolf Costs Schedule 24 hours before the First
Appointment.
8) The First Appointment objective: to define issues
and save costs. Both parties are to attend personally
unless otherwise directed. There will be Directions
as to:-
1. Answering questions and producing documents;
and any further necessary document.
2. Valuations (jointly if appropriate) and experts.
3. Evidence to be adduced by each party, further
chronology schedule.
The District Judge shall then: either direct a Financial
Dispute Resolution (this will be the norm) or if
the FDR is inappropriate, direct:
1. Hearing for further Directions; or
2. Hearing for Interim Order; or
3. Final Hearing; or
4. Adjournment for mediation, negotiation or generally.
The District Judge may in addition:
1. Make urgent Interim Orders.
2. Treat hearing as Financial Dispute Resolution.
3. Direct pensions valuation.
Costs:
1. Produce written estimate to District Judge.
2. District Judge must consider making an Order
for costs.
Phase 2: to end of Financial Dispute Resolution
Appointment (FDR)
9) Comply with all Directions made at First Appointment.
Any further discovery only with the court's permission
- an application can be made by any party at any
stage.
10) Where Financial Dispute Resolution has been
ordered, at least 7 days before the FDR, the court
has to be provided with notice of all offers, proposals
and responses, including all without prejudice and
Calderbank offers.
Immediately before Financial Dispute Resolution,
a second costs estimate on Form H has to be produced.
11) The FDR Appointment. Objective - best endeavours
to reach agreement. Both parties are to attend personally
unless otherwise ordered and the date is fixed at
the First Appointment.
Ground rules:
1. FDR treated as held for conciliation purposes.
2. Conducted by a District Judge who will not have
anything else to do with the case.
3. Offer details lodged are not to be kept on court
file after FDR.
District Judge may then:
1. Adjourn from time to time.
2. Make appropriate Consent Order.
3. Give further Directions.
4. Fix Final Hearing.
5. Where the party beats both his opponent's offer
and his own offer, the court may, if it is just,
order that for that period he receives indemnity
costs and/or interest thereon up to 10% over base
rate. Factors affecting the justice of making such
orders include the terms of Calderbank offer, the
stage when made, the information then available,
conduct of parties, and their means.
All these steps will be discussed with you during
the course of the proceedings.
Draft Concise Statement of Issues pursuant to Rule
4(c)
1) Value of Matrimonial Home - wife asserts__________________,
husband asserts______________.
2) Wife's Earning Capacity - wife asserts___________________,
husband asserts_______________.
3) Wife's Co-habitation - husband asserts____________,
wife accepts that_______________.
4) Husband's Means - wife asserts____________, husband
accepts____________.
5) Value and Liquidity of Husband's Company - wife
asserts____________, husband asserts______________.
6) Housing Needs - wife asserts that former matrimonial
home if appropriate should not be sold, husband
asserts that________________.
7) Income Needs - wife asserts_________________,
husband asserts_________________.
8) Clean Break - wife seeks a clean break, husband
asserts that a clean break is not appropriate because________________________.
Dated............................................
Served by Messrs Eastleys
Solicitors for the _____________ |
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