Financial Order- self representing

[Jumper85]

It’s just my personal opinion but I find that solicitors can be an unnecessary cost. Seek legal advice from them, no problem but don’t use them as an administrative function, ie to do your paperwork, the costs can be staggering!!

The form E is a good example, only you know your finances and you are best placed to complete it. I sought legal advice on the strategy I was adopting for financial proceedings but nothing else beyond that.

As for your timeline;
- I’d do the Form E yourself and just propose with your ex or their representative a date to complete financial disclose and swap all documents.
- Review and read their Form E and raise a Questionnaire. Anything you know that’s not been disclosed, raise it here. Question anything around income, money in accounts, pensions, mortgage borrowing capacity too
- Dependable on your approach, why wait to open a financial remedy proceedings case? If you genuinely think you can mutually agree and settle without court involvement then great, any doubts and I’d start formal proceedings. This does not stop you from reaching a settlement outside of court or through mediation
- ES1 and ES2 are the other documents you need for court. As well as mortgage borrowing capacity reports and pension values
- All documents should be shared with both the other party (your ex/ex’s solicitor) and the court
- Agree with Unknown, you don’t need a Barrister for FDA. I’d equally gauge whether you need one for FDR. It’s an opportunity to try and reach settlement but I also knew we were never going to settle so it was pointless investing in a Barrister. I took what I could from the hearing and applied the learns for the final hearing where I used a direct barrister

- If you’re going to invest any money in financial proceedings I’d say spend it on representation than rather solicitors

- Educate yourself as much as possible, learn from experience on this forum, research using Google and know your rights
- Court bundles are a ball ache to produce but I did it myself. Wasn’t prepared to spend thousands on a solicitor to pull a few papers together

 

[Adam]

It’s just my personal opinion but I find that solicitors can be an unnecessary cost. Seek legal advice from them, no problem but don’t use them as an administrative function, ie to do your paperwork, the costs can be staggering!!

The form E is a good example, only you know your finances and you are best placed to complete it. I sought legal advice on the strategy I was adopting for financial proceedings but nothing else beyond that.

As for your timeline;
- I’d do the Form E yourself and just propose with your ex or their representative a date to complete financial disclose and swap all documents.
- Review and read their Form E and raise a Questionnaire. Anything you know that’s not been disclosed, raise it here. Question anything around income, money in accounts, pensions, mortgage borrowing capacity too
- Dependable on your approach, why wait to open a financial remedy proceedings case? If you genuinely think you can mutually agree and settle without court involvement then great, any doubts and I’d start formal proceedings. This does not stop you from reaching a settlement outside of court or through mediation
- ES1 and ES2 are the other documents you need for court. As well as mortgage borrowing capacity reports and pension values
- All documents should be shared with both the other party (your ex/ex’s solicitor) and the court
- Agree with Unknown, you don’t need a Barrister for FDA. I’d equally gauge whether you need one for FDR. It’s an opportunity to try and reach settlement but I also knew we were never going to settle so it was pointless investing in a Barrister. I took what I could from the hearing and applied the learns for the final hearing where I used a direct barrister

- If you’re going to invest any money in financial proceedings I’d say spend it on representation than rather solicitors

- Educate yourself as much as possible, learn from experience on this forum, research using Google and know your rights
- Court bundles are a ball ache to produce but I did it myself. Wasn’t prepared to spend thousands on a solicitor to pull a few papers together

thanks, I have decided to go with your approach. having a special needs child (needs continuous support all the time-day/night from me), I have long future financial commitments, no point on wasting money on Solicitors. also i need to apply for Child arrangement order.
1) which software you used to create the bundle
2) how do you find out good Direct access barrister, checked some websites, so confusing.

 

[Unknown01]

Court is definitely a last resort but I have had to start the ball rolling in my own divorce because my wife just won't engage with mediation. Only a court setting hard deadlines is going to work with her.

 

[Adam]

Court is definitely a last resort but I have had to start the ball rolling in my own divorce because my wife just won't engage with mediation. Only a court setting hard deadlines is going to work with her.

Thanks, I have same problem. I need to request both finance order and child arrangement.

 

[Jumper85]

thanks, I have decided to go with your approach. having a special needs child (needs continuous support all the time-day/night from me), I have long future financial commitments, no point on wasting money on Solicitors. also i need to apply for Child arrangement order.
1) which software you used to create the bundle
2) how do you find out good Direct access barrister, checked some websites, so confusing.

I used Adobe to create the bundle and paid the monthly subscription for 1 month of £9.99 and then cancelled it. I think there are other options but for me Adobe is the most recognised.

There are a number of helpful step by step YouTube videos on how to create/prepare a court bundle, I just followed this.

Whereabouts are you in the country? You first need to find your local chambers, secondly, for direct barristers, you’ll need to check with the chamber as to which barristers have experience in family law and finanical remedy proceedings then the chamber will check whether they are actually available or not.

You might need to ring around to get a few profiles together but each barrister should have a profile or CV to share with you. I might also help the ask for 15/30mims free consultation to as questions and see whether you can see yourself working with them.

 

[Adam]

I used Adobe to create the bundle and paid the monthly subscription for 1 month of £9.99 and then cancelled it. I think there are other options but for me Adobe is the most recognised.

There are a number of helpful step by step YouTube videos on how to create/prepare a court bundle, I just followed this.

Whereabouts are you in the country? You first need to find your local chambers, secondly, for direct barristers, you’ll need to check with the chamber as to which barristers have experience in family law and finanical remedy proceedings then the chamber will check whether they are actually available or not.

You might need to ring around to get a few profiles together but each barrister should have a profile or CV to share with you. I might also help the ask for 15/30mims free consultation to as questions and see whether you can see yourself working with them.

Thanks, my assigned court is Uxbridge County Court and Family Court

 

[Adam]

I used Adobe to create the bundle and paid the monthly subscription for 1 month of £9.99 and then cancelled it. I think there are other options but for me Adobe is the most recognised.

There are a number of helpful step by step YouTube videos on how to create/prepare a court bundle, I just followed this.

Whereabouts are you in the country? You first need to find your local chambers, secondly, for direct barristers, you’ll need to check with the chamber as to which barristers have experience in family law and finanical remedy proceedings then the chamber will check whether they are actually available or not.

You might need to ring around to get a few profiles together but each barrister should have a profile or CV to share with you. I might also help the ask for 15/30mims free consultation to as questions and see whether you can see yourself working with them.

after filling the form A, do i have to post to Court or Email? if post one Copy? how will they collect the payment for application (there is no bank details in the application) ? if email which email account?

 

[Jumper85]

Money and property when you divorce or separate

How to work out splitting up money, property and possessions when you divorce or dissolve a civil partnership - including mediation.

www.gov.uk

Details are here @Adam . It's a postal service. The courts will call you or email you when the payment is due.

 

[Adam]

Money and property when you divorce or separate

How to work out splitting up money, property and possessions when you divorce or dissolve a civil partnership - including mediation.

www.gov.uk

Details are here @Adam . It's a postal service. The courts will call you or email you when the payment is due.

Thanks

I have already sent to local court directly, Looks like I need to send to local financial remididy court again ? Or they will pass it to the relevant team?

 

[Unknown01]

Normally you send it to your closest Divorce Centre rather than the local court but it turns out they then receive it and forward it on to the local court anyway! Just a word of warning, the court system is an absolute mess. It is nearly all paper based and it takes weeks for them to acknowledge they have received anything.

Payment depends on your closest Divorce Centre. The process is a complete mess. They will normally write to you by email providing a number to call to make payment. In my case the number was wrong. I called them every day for 21 days until I spoke to someone who knew what they were doing and could take payment.

 

[Adam]

Normally you send it to your closest Divorce Centre rather than the local court but it turns out they then receive it and forward it on to the local court anyway! Just a word of warning, the court system is an absolute mess. It is nearly all paper based and it takes weeks for them to acknowledge they have received anything.

Payment depends on your closest Divorce Centre. The process is a complete mess. They will normally write to you by email providing a number to call to make payment. In my case the number was wrong. I called them every day for 21 days until I spoke to someone who knew what they were doing and could take payment.

Thanks, will send another set of copies to the divorce centre tomorrow

 

[Unknown01]

Just don't expect it to be quick. It took me 6 weeks before they replied requesting a change and then another 4 weeks before they suggested another change. Then payment took over 3 weeks of trying to speak to the right person.

 

[Adam]

Just don't expect it to be quick. It took me 6 weeks before they replied requesting a change and then another 4 weeks before they suggested another change. Then payment took over 3 weeks of trying to speak to the right person.

Thanks,
I Emailed to Finncial remedy court London.
They replied within 1 hour.
They asked me to post to them again.


Looks like communication by email is more effective with them

 

[Unknown01]

Thanks,
I Emailed to Finncial remedy court London.
They replied within 1 hour.
They asked me to post to them again.


Looks like communication by email is more effective with them

I must just be unlucky in my part of the country! It takes my Court Centre around 3 weeks to reply to an email.

 

[Adam]

I did all my own paperwork all the way through to final hearing. Same as Unknown, I used a solicitor purely for advice and for the final hearing I spent £3,600 on a direct barrister. I spent about £7,000 all in and £2,000 of that was actually drafted a consent order when I thought we'd mutually agreed on something outside of court.

I'm sure being an accountant you're well placed with your numbers.

As per your advice i am self representing, Do I need a Direct access barister for FDA?

 

[Jumper85]

I wouldn't personally waste your money on a barrister for an FDA. Are you close to settling in any way?

 

[Adam]

Thanks

I don't belive it will be settled in this stage

I will take DAB for FDR then

 

[Jumper85]

Thanks

I don't belive it will be settled in this stage

I will take DAB for FDR then

Hi, it's more the other way round from my perspective, I don't think it's going to be cost effective to invest and pay for a DAB for and FDR. All you're going to really get is directions. If there was a chance of settling, it might have been beneficial to use a DAB for negotiations outside and to draft a consent order for the courts consideration but if you're not there, my personal opinion is that they would add little value at FDR.

 

[Adam]

Thanks

I don't belive it will be settled in this stage

I will take DAB for FDR then

Hi, it's more the other way round from my perspective, I don't think it's going to be cost effective to invest and pay for a DAB for and FDR. All you're going to really get is directions. If there was a chance of settling, it might have been beneficial to use a DAB for negotiations outside and to draft a consent order for the courts consideration but if you're not there, my personal opinion is that they would add little value at FDR.

Thanks,

Ok, your advice is then to have a DAB for final hearing.

What is the normal time gap between
FDA to FDR?
FDR to Final Hearing?

 

[Jumper85]

Thanks,

Ok, your advice is then to have a DAB for final hearing.

What is the normal time gap between
FDA to FDR?
FDR to Final Hearing?

Hi Adam, please remember this is only my personal opinion but having been through the process, I wouldn't change the way I used legal advice and representation.

Typically it can be about 3-6 months between each hearing.

I'd definitely use a DAB for the final hearing. As for the FDR, this is all about preference and the likelihood of you settling or going to final. I always knew my hearing was going to final, my ex was asking for far too much so I knew at the FDR, regardless of what the indicative view from the judge was going to be, the ex would always try to go for more. If you think your ex may use the FDR in the attempt to settle and it's in your best interests to finalise things earlier (I was happy to drag things out, I was in no rush to get the right outcome) then consider taking a barrister.

A barrister at the FDR will help position your case correctly. One negative to me was my case was articulated as clearly as I would have hoped but this didn't really matter to me. The judge at the FDR therefore suggested a more favourable outcome to the ex at final. Whilst she was pleased with this, I knew that I didn't have the opportunity to explain my finances to the judge and because she did have a DAB, they argued and pushed their case for a far more favourable outcome in their favour. They attempted to settle outside of court based on the judges opinion but I declined.

This paid off for more, I knew the indicative view from the judge was unaffordable so I pushed it to final, got representation and a far more favourable outcome in my favour was reached. Don't get me wrong, she still took a good chunk of the cash as our earnings are hugely different but I was tens of thousands better off.

Hope that helps and makes sense.