Hi Folks

Need free legal advice cos solicitors costs got really silly so we’re on our own now!

In a nutshell…my partner is in the final stages of divorcing her husband…FDR last week…will have to go to final hearing 16 August.

Now we are going to court ourselves l thought l’d see if you clever people could help with some free advice on legal procedures cos the husbands solicitor would love us to do things wrong !!

The judges at the hearings so far have been helpful but we want to try to avoid mistakes at the Final Hearing.

For example…technical advice please…

Our solicitors Attendance Note at the FDR says
” we were to file a Consent Order or directions before 26 July.
What does this mean please ?!

The husband is making such a meal of thigs that the Final Hearing could exceed theone day scheduled. How can we prevent this cos it would delay it by many months ?

BIG THANKS !!
(Don’t want to sound ungrateful, but please don’t recommend any good barristers etc. No money left !!)

Consent order is basically the document which sets out how you intend to divide up your assets and deals with any maintenance etc. It’s short and simple, but obviously everything needs to have been agreed by the parties. Pay for someone to draft it/review it though, it needs to accurately reflect what you have agreed, this is very important.

What court is it?

If both parties are now in agreement on everything, the rest is just process.

I don’t mean to sound stupid but you really need to get the right advice.
If you can’t get legal aid get a loan.

An Order for Directions is where both sides’ barristers make representations, after negotiations by the lawyers, to the Court (the Judge). The Judge will then give Directions, which is basically a timetable that all parties must stick to and is the roadmap for the proceedings.

A Consent Order is where both sides have agreed something or things (custody, access, maintenance, cars, finances – anything really), this is signed by by sides and sent to the Court (“filed”).

Are there significant assets? Children? Pensions? Divorce is hideously complicated… the good news is that Courts are usually very gentle with litigants in person.

You could try this:

http://www.barprobono.org.uk/

Good luck 🙂

Thanks …
The court is Bournmouth/Poole crown.
Can’t get a loan , owe to much !
Nothing agreed at FDR !
No family issues luckily, just property assets and liabilities.

Thanks Kari…. Nothing agreed = no Consent Order !?
Need to check with the court to see if judge actually gave Directions.

More advice gratefully received please.

While the Judges are usually kind, the Court clerks can sometimes be somewhat difficult. Have you got your papers from your last law firm (or have they kept them pending you paying their bill?).

You need to see where things are: sit down quietly and get all your paperwork into order (boring but helpful). I assume both sides have done Form E? (Disclosure of assets/liabilities). Just get it all together, in order, have a read through, then go to the Court and throw yourself on the mercy of the clerks and see if they will give you the Directions Order (if you can’t find it in your papers/if there is one).

Be really apologetic and very polite, Court Clerks know EVERYTHING and may tell you if you approach them correctly… 🙂

Thanks again Kari..
Yes, got most of the papers , up to and including our ex-solicitors Attenadance Note from the FDR last week.
We obviously have Form Es and answers to the Questionnair.
We have studied the case since it started, 11 months ago!
It all comes down to assets/liabilities.
We don’t have all the papers yet as the final bill can’t be paid yet!
But l think all our copies of all the corespondence is enough to go forward.

I expect the husband’s solicitor will be in touch any day.
Now he knows she is acting on her own he will want to try to bully her.

Thanks for your tip on the Court Clerks…will do.
A question, if you’re still here…
We want to keep the one day Final Hearing, as scheduled.
Can the other side insist on delaying it to a longer hearing at a (much) later date?

( If you would be kind enough, can l have a way of contacting you?)

Thank you!

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