21 FORM G – NOTICE OF RESPONSE TO FIRST APPOINTMENT

The marriage of and

Take Notice that

At the First Appointment which will be heard on 20

at [am][pm]

the [applicant] [respondent] [will] [will not] be in a position to proceed on that occasion with a Financial Dispute Resolution appointment for the following reasons:

Dated:

20 EXAMPLE QUESTIONNAIRE ( Final Thoughts+DIVORCING WITHOUT A LAWYER )

IN THE CASTERBRIDGE COUNTY COURT


Case No: CA09D001

BETWEEN:

Susan Henchard

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Applicant
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Respondent
APPLICANT’S QUESTIONNAIRE

1. With regard to section 1.8 of the respondent’s Form E, please confirm that he is, in fact, cohabiting with his new partner ‘Wendy’. If so, please provide details of the respondent’s partner’s means, as required by section 4.6 of the respondent’s Form E.

2. With regard to section 2.3 of the respondent’s Form E:

• (i) Please explain the following withdrawals from his bank account:-
• (a) £1500.00 on the 15th December 2008;
• (b) £5,000.00 on the 31st January 2009.
• (ii) Please confirm that the respondent has no other bank accounts and explain what happened to his Casterbridge Bank Plc Savings account – if this account is still open,

please provide 12 months’ statements and if it is closed, please provide a copy of the closing statement.

3. With regard to section 2.13 of the respondent’s Form E, please provide documentary evidence of the cash equivalent transfer value of the respondent’s pension, from his pension provider.

4. With regard to section 2.15 of the respondent’s Form E:

• (i) Please provide copies of his last three payslips.
• (ii) Please also explain how the respondent arrives at his estimated net income figure for next year.
• (iii) Please explain why the respondent’s income dropped when the divorce proceedings commenced.

5. With regard to section 3.1.1 of the respondent’s Form E, please explain the following:

• (i) Why his telephone expenses are so high; and
• (ii) Why his petrol expenses are so high, particularly having regard to the fact that he receives a mileage allowance; and
• (iii) Why his food/housekeeping bill is so high for one person, and how the respondent arrived at this figure; and
• (iv) How the respondent can afford to pay outgoings totalling £2,000 per month from an income of only £20,000 per annum.
• Dated this

19 EXAMPLE STATEMENT OF ISSUES ( Final Thoughts+DIVORCING WITHOUT A LAWYER )

IN THE CASTERBRIDGE COUNTY COURT

Case No: CA09D001

BETWEEN:

Susan Henchard

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Applicant

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and
Michael Henchard
Respondent
APPLICANT’S CONCISE STATEMENT OF ISSUES

1. Whether or not there should be a clean break.

2. Whether or not the applicant should receive a lump sum payment from the respondent.

3. In respect of the former matrimonial home, the applicant claims that the property is worth £250,000 and the respondent claims that it is worth £300,000.

4. The applicant disputes the respondent’s claimed income, as disclosed by the respondent in his Form E.

5. Whether or not the respondent is cohabiting with another person.

6. Whether or not there should be a pension sharing order in the
applicant’s favour in respect of the respondent’s pension.
Dated this 8th day of July 2009.
Applicant

18 EXAMPLE CHRONOLOGY ( Final Thoughts+DIVORCING WITHOUT A LAWYER )

IN THE CASTERBRIDGE COUNTY COURT
Case No: CA09D001
BETWEEN:
Susan Henchard

--------------------------------------------------------------------------------
Applicant
--------------------------------------------------------------------------------

and
Michael Henchard
Respondent
APPLICANT’S CHRONOLOGY

1. The parties were married on the 29th day of February 1987.

2. There are three children of the family, namely James Henchard, who is over the age of 18 years and independent, Lucy Henchard who was born on the 7th May 1991 and Lilly Henchard who was born on the 30th April 1998.

3. The parties separated on the 1st January 2009, when the respondent left the former matrimonial home. The respondent is now living in rented accommodation. The applicant remains in the former matrimonial home.

4. The applicant filed her divorce petition on the basis of unreasonable behaviour, on the 1st day of February 2009.

5. The decree nisi was pronounced on the 1st May 2009.

6. The applicant issued her application for ancillary relief on the 5th May 2009.

7. The First Appointment has been fixed for the 4th August 2009.
Dated this 2009.
Applicant

17 Form E – Financial statement ( Final Thoughts+DIVORCING WITHOUT A LAWYER )

Please fill in this form fully and accurately. Where any box is not applicable, write ‘N/A’.
You have a duty to the court to give a full, frank and clear disclosure of all your financial and other relevant circumstances.
A failure to give full and accurate disclosure may result in any order the court makes being set aside.
If you are found to have been deliberately untruthful, criminal proceedings for perjury may be taken against you.
You must attach documents to the form where they are specifi cally sought and you may attach other documents where it is necessary to explain or clarify any of the information that you give.
Essential documents that must accompany this statement are detailed in the form.
If there is not enough room on the form for any particular piece of information, you may continue on an attached sheet of paper.


































































































































Schedule of Documents to accompany Form E


The following list shows the documents you must attach to your Form E if applicable. You may attach other documents where it is necessary to explain or clarify any of the information that you give in the Form E.







Case no.
In the
*[High/County Court] *[Principal Registry of the Family Division]
In the marriage/Civil Partnership between
who is the husband/wife/civil partner
and
who is the husband/wife/civil partner
Financial Statement on behalf of
who is the husband/wife/civil partner
and the petitioner/respondent in
the divorce/dissolution suit
This statement is filed by ....................... .

16 FORM A – APPLICATION FOR ANCILLARY RELIEF ( Final Thoughts+DIVORCING WITHOUT A LAWYER )

Between (applicant)
and (respondent)
Take Notice that the applicant intends:
*to apply to the Court for
*to proceed with the application in the [petition][answer] for *to apply to vary:
*delete as appropriate
… an order for maintenance pending … a periodical payments order
suit or outcome of proceedings
… a secured provision order ~ … a lump sum order
… a property adjustment order (please … a pension sharing order or a provide address) pension attachment order
If an application is made for any periodical payments or secured periodical payments for children:
• and there is a written agreement made before 5 April 1993 about maintenance for the beneÞ t of children, tick this box …
• and there is a written agreement made on or after 5 April 1993 about maintenance for the beneÞ t of children, tick this box …

• but there is no agreement, tick any of the boxes below to show if you are applying for payment:
D for a stepchild or stepchildren
D in addition to child support maintenance already paid under a Child Support Agency assessment
D to meet expenses arising from a child’s disability
D to meet expenses incurred by a child in being educated or training for work
D when either the child or the person with care of the child or the absent par-ent of the child
D is not habitually resident in the United Kingdom D Other (please state)
Signed:
Dated:
[Applicant/Solicitor for the Applicant]

15 STATEMENT OF INFORMATION FOR A CONSENT ORDER ( Final Thoughts+DIVORCING WITHOUT A LAWYER )

In the [County Court]
[Principal Registry of the Family Division]
No. of matter
Between Petitioner Solicitor’s ref
and Respondent Solicitor’s ref


Statement of Information for a Consent Order Duration of Marriage or Civil Partnership


In the case of a marriage: Give the date of your marriage and the date of the decree absolute (if pronounced).
In the case of a civil partnership: Give the date of the formation of the civil partnership and the date of the Þnal order (if made).
Ages of parties
Give the age of any minor (i.e. under the age of 18) or dependant child(ren) of the family. Petitioner Respondent
Child(ren)



Summary of means
Give, as at the date this statement is signed overleaf:

(1) the approximate
amount or value of capital resources. If there is a property give its net equity and details of the proposed distribution of the equity.

(2) the net income of the petitioner and respondent and, where relevant, of minor or dependant child(ren) of the family.

(3) the value of any
beneÞ ts under a pension arrangement which you have, or are likely to have, including the most recent valuation (if any) provided by the pension scheme.
Note: if the application is only made for an order for interim periodical payments, or for variation of an order for periodical payments, you only need to give details of ‘net income’.

Where the parties and the children will live

Give details of the
arrangements which
are intended for the
accommodation of each of the parties and any minor or dependant child(ren) of the family.

14 EXAMPLE CONSENT ORDER ( Final Thoughts+DIVORCING WITHOUT A LAWYER )

IN THE CASTERBRIDGE COUNTY COURT
Case No: CA09D001
BETWEEN:
Susan Henchard
Petitioner
and
Michael Henchard
Respondent
CONSENT ORDER

UPON the petitioner and the respondent agreeing that the terms of this order are accepted in full and final satisfaction of all claims for income, capital and pension sharing orders and of any other nature whatsoever which either may be entitled to bring against the other or the other’s estate arising in relation to their marriage.
AND UPON the petitioner and the respondent agreeing that the contents of the former matrimonial home known as 25 Dorset Road, Casterbridge, Wessex shall remain the absolute property of the party in whose possession they now are.
AND UPON the petitioner undertaking to the court and agreeing to use her best endeavours to procure the release of the respondent within 56 days from the date of decree absolute from any liability under the mortgage secured upon 25 Dorset Road, Casterbridge, Wessex in favour of Wessex Building Society and to indemnify the Respondent against all such liability.


BY CONSENT IT IS ORDERED subject to decree absolute that:

1. The petitioner do pay or cause to be paid to the respondent a lump sum of £10,000 within 56 days of the date of decree absolute.

2. The respondent do transfer to the petitioner upon payment of the lump sum referred to in paragraph 1 above all his legal estate and beneficial interest in the freehold property 25 Dorset Road, Casterbridge, Wessex registered at H.M. Land Registry under title number WX1234 subject to the mortgage secured thereon in favour of Wessex Building Society.

3. Upon payment of the lump sum and completion of the transfer of 25 Dorset Road, Casterbridge, Wessex as provided for by paragraphs 1 and 2 of this order and upon the making of a final decree herein the petitioner’s and the respondent’s claims for financial provision, pension sharing and property adjustment orders do stand dismissed and neither the petitioner nor the respondent shall be entitled to make any further application in relation to their marriage under the Matrimonial Causes Act 1973 s.23(1)(a) or (b) or to make an application to the court, on the death of the other, for provision out of his or her estate.

4. There be no order as to costs insofar as this application and the negotiations ancillary thereto are concerned.
Dated this 20th day of August 2009.
Signed Signed
Petitioner Respondent

13 EXAMPLE CHILDREN APPLICATION ( Final Thoughts+DIVORCING WITHOUT A LAWYER )