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Jusleen
Jusleen, Solicitor
Category: UK Law
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Experience:  LLB (Hons)
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UK law - What documents are required before a judge can grant

Customer Question

UK law - What documents are required before a judge can grant a pension sharing order in a divorce financial settlement?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jusleen replied 1 year ago.

Jusleen : Hello what stage is your case at? Are there proceedings or are you negotiating?
JACUSTOMER-v2zwa9gf- : Hello Jusleen,
JACUSTOMER-v2zwa9gf- : Thank you for your reply.
JACUSTOMER-v2zwa9gf- : I am preparing for a court hearing and I am unrepresented. I therefore would like to know what documents I can be expected to complete.
JACUSTOMER-v2zwa9gf- : Kind reagrds,
JACUSTOMER-v2zwa9gf- : John XXXXX
Jusleen : Hi in order to make an application for a financial remedy it is a prerequisite that parties try resolve issues by mediation. Have actually filed an application for a financial order?
JACUSTOMER-v2zwa9gf- : I need only to know the documents that will be required by the court, signed by me, that will enable the judge to grant the Pension Sharing Order.
JACUSTOMER-v2zwa9gf- : John XXXXX
Jusleen : The pension information will need to be conpleted on form P1 which is attached to this link http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-p1-eng.pdf. The judge drafts the order for pension share if there are no solicitors instructed and the pension sharing annex is attached to the order and sent to the pension trustees to implement once the decree absolute has been granted.
JACUSTOMER-v2zwa9gf- : Does any agreement need to be signed between the applicant and respondent before the judge can grant the order. What document(s) must the judge see, signed, that lets him know both parties are willing to enter into the pension sharing order.
JACUSTOMER-v2zwa9gf- : John XXXXX
JACUSTOMER-v2zwa9gf- : P.S. It is what document(s) needs to be SIGNED by both parties that I am interested in.
JACUSTOMER-v2zwa9gf- : John XXXXX
Jusleen : Hi if you are I represented the court would require both parties to file a Form E and disclose all documentary evidence with the form.
Jusleen : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-e-eng.pdf
Jusleen : You would need to make an application for a financial order in form A and the court will issue the proceedings and prior to that date both parties will need to file a form E.
Jusleen : The court will not grant orders without having sight of both parties financial details. If you have reached an agreement and want an order by consent a solicitor can draft one for you and it will then be signed by both parties and files with the court together with a form D81 and the court fee of 45.
Jusleen : The Form E needs to be filled in and signed for each party and the D81 which is only required if a consent order is being filed can be completed all on one document but both have to sign and also confirm by signing to say they have seen the other parties evidence.
JACUSTOMER-v2zwa9gf- : Form Es completed and submitted. What forms will need to be signed by the parties before the judge can grant the order?What is a Draft Consent Form please?
JACUSTOMER-v2zwa9gf- : Thank you, XXXXX XXXXX
Jusleen : You
Jusleen : The judge will draft the order and get you to sign the same. The P1 form should be completed and taken to court.
JACUSTOMER-v2zwa9gf- : Thank you, Jusleen,
JACUSTOMER-v2zwa9gf- : Can the Judge make an Pension Sharing Order with a consent form signed by both parties? Could I get a solicitor to sign it in my place, if I am away for a long time?
JACUSTOMER-v2zwa9gf- : John XXXXX
JACUSTOMER-v2zwa9gf- : I should say, WITHOUT a consent form signed by both parties?
Jusleen : You will have to attend the hearing and the Judge can make the order on the day of the hearing. If you have a hearing date listed then you should to attend court. It your wife consents to the pension sharing order it may be easier if the solicitor drafts a consent order for you both to sign and then that can be lodged with the court for the judge's approval. If your wife does not consent then a consent order cannot be filed as her signature and agreement is imperative. In that case you would both need to go to the hearing to let the court know your respective positions to enable the court to decide. I hope this assists. Kind regards Jusleen
JACUSTOMER-v2zwa9gf- : So, simply put, there must be a draft consent order, signed by both parties, not by either party's solicitor put before the Judge before any Order can be made by him?
Jusleen : If you have a solicitor then a consent order is to be signed by parties and solicitors and sent to the court and if no solicitor the judge will draft the order at court on the day of the hearing making the order.
JACUSTOMER-v2zwa9gf- : Many thanks,
JACUSTOMER-v2zwa9gf- : Will that be a draft consent order AND a consent order for signature by both parties?
JACUSTOMER-v2zwa9gf- : John
Jusleen : If parties have agreed the consent order then it would be a signed copy and not a draft.
JACUSTOMER-v2zwa9gf- : Thank you,Jusleen.
JACUSTOMER-v2zwa9gf- : What do I do when a pension Sharing Order has been granted by a judge on the basis of a DRAFT Consent Order where the applicant's solicitor - I was the respondent - has submitted a document to the Court that is NOT the document I signed at Court and I have not signed any other document since? My signature has been attached to the forged document since it was on the back page of the document that I signed and was given to the applicant's solicitor at court.
Jusleen : Has the consent order changed in substance?
JACUSTOMER-v2zwa9gf- : The ONLY document that the applicant's solicitor submitted to the court was a draft consent order. That document was not the document that I signed. I did not sign a subsequent consent order. The Judge then made the Pension Sharing Order.
Jusleen : Did you approve the pension sharing order and the order the terms of the order made by the court?
JACUSTOMER-v2zwa9gf- : I signed ONLY a document prepared by my barrister at court, which was handed to the applicant's solicitor at court. That document is NOT the DRAFT Consent order that the applicant's solicitor subsequently submitted to the court. I have not seen therefore not signed any other document but the Judge has granted a pension sharing order.
JACUSTOMER-v2zwa9gf- : On what I have told you, what is the validity of the pension sharing order?
Jusleen : It is likely that the solicitor has typed the order for submission to court. This is normal practice. Your barrister would have taken a copy if the signed document and would have approved the typed version submitted to the court. If the terms are in accordance with the agreement reached it is a valid order. I hope this assists. Kind regards Jusleen
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