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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34288
Experience:  25 years experience of all aspects of family law
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Clare New thread... Specifically on bundles because that's

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Hi ClareNew thread...
Specifically on bundles because that's the last task I have, before my 'day in court'. Hooray for that.Thanks for clarifying small bundles are better. How much earlier than hearing date should I provide index to other side for comment and I do have to 'go along' with all the new material they will want to add?


Starting point is the Directions Order - I would expect it to say 14 or 7 days prior to the hearing - does it?

Customer: replied 9 months ago.
Filed and served 7 days before.I can see in PD 27A 'whether or not' bundle agreed, index must go to parties at least 4 days before final hearing.But I will have done that at least 7 days before (by order)My ex is already chucking stuff at me to add to bundle - 3.2 of PD says 'if possible the contents shall be agreed by all parties'.So I could provide an index before filing/serving - what sort of period of time would you allow and would you explain why you are not including stuff, if you chose not to include?

The first point is that it is meant to be no more than 350 pages!

You may find this article useful

If they want extra in ask them to justify it!

Customer: replied 9 months ago.
It is a good article.
We are some months from final hearing - if I ignore my ex's request to add something to bundle would I be taken to have agreed to include it? At present he wants to include correspondence, which is not normally included. Its an email from an estate agent (not a signed witness statement). It gives opinion on our house but we already have valuations agreed (or rather, imposed by the FDR judge) at FDR. It doesn't seem to pass the grade as 'new evidence' because it doesn't relate to an option the judge would even pursue - its about selling adjacent field separate from house (husband objects) which isn't realistic for a family court to do anyway - they sell all the matrimonial property or none of it. I had offered various scenarios in the offer system, he rejects - the offers and rejections go in (but not estate agent opinion on it - I feel). His agent says their values are co-dependent, my agent said no - if I include his agent remark I'd have to add my agent's remark, taking up paper.My bundle already is a full A4 binder (350 single sided). We had a lot of prelim docs like getting Nisi through because of having to deem service and twice having to submit MPS applications the court lost. My Form E was enormous.

Why have you included the divorce documentation?

Customer: replied 9 months ago.
If I can exclude it, I'd be happy to (I can't close my binder up!)
4.3 of PD says 'preliminary' and I thought perhaps the NISI stuff was. But then again, 4.3 defines preliminary as case summary/statement of issue....So I can delete
-the early court transfer and NISI/Absolute applications?
-Form A?
-order petition deemed served?
-entitlement to decree etc?Should I keep
-my MPS applications and orders moving the dates around and granting MPS?
-Respondent notice of acting in person?

You do not include and of the divorce issues - you include the Form A and the MPS documentation

Customer: replied 9 months ago.
Ok and I assume I keep the stuff relating to my application for costs of NISI because it was granted and held over by the judge until final hearing.
With timeframes like Index 4 days before, I can ignore my ex in terms of what he sends through to me and make my own decision on the bundle in March - he can wait for index?

Just the final Order - one page only.

You are responsible for the index so send the draft in good time

Customer: replied 9 months ago.
each party is expected to ADD a position statement and any skeleton arguments (more paper).To try and achieve 350 pages:- We can AGREE a combined case summary, background, statement of issues and reading list (4.6 of PD) I should draft one and submit for comment?
- Would you say that the Notice of the first Directions hearing and Notice of a First Appointment and could come out?There still won't be room for all this
- after the above, should calculate the number of pages and apply for a bigger bundle?(The only way I can think to pare it down is put Respondent's Position Statements (he wrote about 6) in a sub bundle - because none were ordered by the court). According to the article you enclosed 'sub bundles' are not popular.

You need the Form A and the directions order.

The Forms E, questionnaires and replies (and all supporting documentation)

An up to date Chronology; any Ordered statements;and the other things you mentioned

Customer: replied 9 months ago.
I think I can ignore my ex until the index goes in. There's such a lot of work to be done in my making bundle, writing the preliminary docs for him to agree, noting up the preliminaries for his comments, and each of us writing position statements. He would include the attachments he wants in his position statement anyway. That's his job.My bundle is way over 350 pages - my form E is that big on its own. So, would you agree- I need to lodge an Application today (D50?) and the exemption from fees (I've used previously due to benefits status)
- what would my reason be: two bundles necessary as Form E is 350 pages alone?

I think you should work first on the documents that you need to prepare

The rest is simply indexing.

Yes make that application then you are covered - the applictaion is to allow for 500 rather than 350 pages

Customer: replied 9 months ago.
Agree. I have an index - won't finalise it until 'the last minute' (not important)
'Cover self' important - judge said unrepresented or not, we're liable for everything in Practice Directions
Barrister told me she'd do a note for judge but since direct access barristers can't do litigation work - I have to do the preliminaries myself and they will read over it. Shock -more drafting to do!-where rules say each section of bundle has its own pagination does it mean start numbering from "1" again?
- for my application for bigger bundle is D11 (my mistake.. not D50)?
- Is 500 a cut-off, because I've got 600+ (two A4 binders worth)
- I don't have to copy my application over to Ex do I? Just send (3 copies) to the court? They will write to everyone after with an Order?

Each section has a letter so

A 1- 150

B 1-100


It is indeed the D11 (I knew you knew it)

keep the figure as low as you can

Yes you should tell your ex I am afraid

Customer: replied 9 months ago.
I sent D11 to Court - nothing to Ex because the responsibility/cost for bundle is mine and I can't think of any repercussions for him. As soon as he finds out he'll only start producing more paper. (Court will send its decision to him and I).Can you help me with Index Layout- does this look right:....Final Hearing Bundle Folder 1
Section 1: Applications, Court Orders and Court Notices
1.....180 (pages)
Section 2: Chronology, Statement of Issues, Questionnaires, Answers, Property particulars, Position statements
1....80Final Hearing Bundle Folder 2
Section 1: Preliminary Documents
1... 50
Section 2: Forms E
Customer: replied 9 months ago.
Sorry and what is the list of "essential reading" supposed to contain?? (PD 37(6)(4)
I know - its cocktail recipes.
Customer: replied 9 months ago.
do I slot our last ditch 'offer' and 'rejection' under Folder 1, Section 2 which is where FDA/FDR offers currently live - making the recent offer conversation the most recent document in chronological terms in that Section.

How are there 180 pages in Section 1?

Customer: replied 9 months ago.
That's an estimate as I've not numbered the pages yet but it is at least 100 pages, even after I took out the NISI and Petition stuff.
There is quite a lot in Folder 1 which is why I had to start Folder 2 (with the huge Form Es).
I can't get it all to fit in one folder.

If the forms E ar ein folder 2 what exactly have you put in Folder 1?

It should be

the Decree Nisi and the Form A - the consequent directions and the Forms E?

Customer: replied 9 months ago.
Hi Clare
Apologies for any confusion. I've attached the Index below.
Its 2 pages (Folder 1... and Folder 2...)

In each section everything should be in date order

From section 1 of folder 1 take out documents 6-10 and 13

Clare and other UK Family Law Specialists are ready to help you
Customer: replied 9 months ago.
That's very kind
I'll take a look at it again with your amendments