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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29055
Experience:  25 years experience of all aspects of family law
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Hi I went to an FDR meeting last Friday, where we heard my

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Hi I went to an FDR meeting last Friday, where we heard my ex-wife's solicitor articulating several points about my Form E and further disclosure required. The judge made various orders that I have to comply with before the final trial. I then said that I also had a list of further disclosure that I need from my ex-wife, as well as requesting permission to call witnesses to attest to some facts, but the Judge said that because I had not served papers either with their solicitors or the Court, that I had until 4pm Friday 3rd May to make an application. I have prepared all the documentation - her Form E extracts, rationale for needing more info etc.
However, I am now doing the last bit - filling out a D11 form..seems reasonably straightforward, but Section 3 says I must attach a draft of the order I am applying for. I have no idea of the format, words or phrasing of such an order...is there any guidance available from any kind people please? any examples would be great.
Many thanks
yingwen
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
I will do my best to assist you but I need some further information first.
Have there been any other orders in this matter - made after the First Appointment maybe?
Claire
Customer: replied 1 year ago.
Hi Claire,
thanks for answering.
At the First Appointment some orders were made for both sides to answer..
Provide info and docs as sought in the respective post-Form E questionnaires
Parties had to jointly pay for an Actuarial report on pensions
Listed for FDR on 26th April (last Friday) with some timings re necesary advance filing and serving of schedules, proposals, assets liabilities, oredr sought and net effect. Form H filed and served no less than 7 days before FDR.
Then as I said at the FDR i was seemingly given leave to make an application to hear my side
Rgds
Customer: replied 1 year ago.
Hi Claire,
thanks for answering.
At the First Appointment some orders were made for both sides to answer..
Provide info and docs as sought in the respective post-Form E questionnaires
Parties had to jointly pay for an Actuarial report on pensions
Listed for FDR on 26th April (last Friday) with some timings re necesary advance filing and serving of schedules, proposals, assets liabilities, oredr sought and net effect. Form H filed and served no less than 7 days before FDR.
Then as I said at the FDR i was seemingly given leave to make an application to hear my side and some orders were made compelling me do do various things.
Rgds
Expert:  Clare replied 1 year ago.
Hi
What was the issue with your not having served papers (it seems rather harsh)
Claire
Customer: replied 1 year ago.
Lack of time, and frankly the Judge seemed somewhat irritated at my being a Litigant in person!
Expert:  Clare replied 1 year ago.
Hi
I wish I could say you were wrong.
However looking at what you need to put on the draft order.
Use a previous order as a guide - it will give you your heading to start with
Then it should say something like
"before district Judge xxxx sitting at xxx County court on the xxx of xxx2013
IT IS ORDERED THAT:-"
Then a list of the orders that you are asking for
I hope that this is of assistance - you may also find this website
http://www.nofamilylawyer.co.uk/default.aspx?i=re36 helpful.
Please ask if you need further clarification
Claire

Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 29055
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.
thanks for that Claire. Actually I already have the book but wasnt helpful for any D11 example orders. I will have a go, but knowing my luck as a L-I-P they will reject it on some technicality and I"ll miss the boat again!
Thanks again
Expert:  Clare replied 1 year ago.
HI
Interesting - I have not seen it myself of course.
There is nothing special about a D11 Order.
The D11 form is used for all non specific applications.
The Order is a financial directions order and you can use the previous ones as a guide
Claire
Customer: replied 1 year ago.
thanks, XXXXX XXXXX also want permission to seek and use witness statements or appearance. how does an order articulate such permission, and do I have to name specific witnesses at the D11 stage?
Expert:  Clare replied 1 year ago.
Hi
Witnesses at such hearings (other than the parties) are rare - why are they needed?
Claire
Customer: replied 1 year ago.
1) to validate that we actually agreed a full and final collaborative agreement which my ex-wife denied as soon as I paid her (I know, should have got it in writing) - last Friday the Judge did say I was of course at liberty to try and prove the existence of a F&F.2) To support my claims that she is earning considerable sum of money through cash-inhand work (and has been for years).In both cases either of our two children could testify. If necessary and she wont admit the undisclosed earnings then I would ask them to come and tell the truth, and I think they would to be fair to mum AND dad. in reality I think she would rather admit than have to hear one of the kids put in such a difficult situation.I dont want to do it, but It would seem the only way to get her to tell the truth. kids are 20 and 19 by the way
Expert:  Clare replied 1 year ago.
Hi
Who is to give evidence of the first part?
Claire
Customer: replied 1 year ago.
sorry not sure what that means. I am seeking to prove the existence of both facts, but I am respondent in the case. Either child could give evidence on both facts,but my 19 yr old son would probably be under less pressure because daughter still lives with mum
Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.
oh ok thanks , so can you help with how such and order would be worded on the draft? I will have to submit son's statement next weeek, D11 tomorrow.
On the F&F, we have emails between us that show clearly that this was our joint intent, the kids and whole family knew that was the agreement, and I also paid it in full already !!
Expert:  Clare replied 1 year ago.
Hi
Did you both in fact use the Collaborationist law process?
Claire
Customer: replied 1 year ago.
no, we agreed it between us after brief independent legal advice
Expert:  Clare replied 1 year ago.
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Customer: replied 1 year ago.
ok Claire, many thanks for all your help!

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Clare
Clare
Solicitor
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25 years experience of all aspects of family law