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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34105
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
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 4 years 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 4 years 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
Hi
What was the issue with your not having served papers (it seems rather harsh)
Claire
Customer: replied 4 years ago.
Lack of time, and frankly the Judge seemed somewhat irritated at my being a Litigant in person!
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 and other UK Family Law Specialists are ready to help you
Customer: replied 4 years 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
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 4 years 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?
Hi
Witnesses at such hearings (other than the parties) are rare - why are they needed?
Claire
Customer: replied 4 years 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
Hi
Who is to give evidence of the first part?
Claire
Customer: replied 4 years 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
Hi
To have a chance of such witnesses being called you will have to file statements at the same time that you file the D11 - or at least within a few days of the application.
Unfortunately if there was no written outcome of the Collaborative process then it is not completed - as your lawyer should have told you before he passed your case over
Claire
Customer: replied 4 years 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 !!
Hi
Did you both in fact use the Collaborationist law process?
Claire
Customer: replied 4 years ago.
no, we agreed it between us after brief independent legal advice
Hi
Then let me be clear - there was no legally binding agreement in place and you are wasting your time and energy and most of all your credibility in trying to prove otherwise
So far as the other point is concerned if you beleive that the undisclosed earnings are substantial enough to justify the request then the wording would be
"The Respondent has leave to file a Statement by xxxx on or before xxxx"
Claire

Customer: replied 4 years ago.
ok Claire, many thanks for all your help!

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