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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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Court directions - help clarifying instructions

  • rings123
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09 Sep 22 #519944 by rings123
Topic started by rings123
Good evening

I've two separate cases on the go and have received directions for both this week. Is anyone able to clarify what the court is requiring just so that I don't mess up filing/serving documents? The Respondent has refused to communicate or contribute to any previous court paperwork deadlines or directions.

The first is a Child Order for a Specific Issues Order - Directions hearing - It says that I need to send the judge an e-bundle 3 days before the hearing. There's no mention of seeking to agree a bundle (which I've had on other hearing directions). So, is this just my side of things and not including any docs from the Respondent? Also, should I be sending this bundle to the Respondent as well as the court and if so, how much in advance of filing to the court?

The second is an ancillary relief order - Final hearing - it says 'applicant to put together a compliant bundle together with a draft Consent Order which shall be drafted by solicitors and serve a copy on the Respondent'. Again, is this saying for me to create the bundle without input from the Respondent and just send it all across at least 28 days prior to the hearing? To me the serve bit indicates the draft consent order isn't mutually compiled and the compliant bit is just referring to the layout, etc. of the bundle. I'm assuming the judge is saying I don't need to officially apply for the drafted order as the D81 form would not be signed by the ex anyway and they would be dealing with it during the Final hearing itself?

Any help would be amazing.

  • hadenoughnow
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10 Sep 22 #519948 by hadenoughnow
Reply from hadenoughnow
There are practice directions for bundles and these have recently been supplemented by guidance on E-Bundles. www.judiciary.uk/announcements/general-g...ronic-court-bundles/

The practice direction is 27a if you want to look it up.

I think you should still provide a draft index to the other side and give them a chance to ask for specific documents to be included.

A bundle should be provided a few days before the hearing to the court and other side.

The draft order is what you think should be ordered by the judge. (your open offer). It would be supplied as a word document so adjustments may be made. If there is agreement before the end of the hearing it would be a consent order. If there isn't, the order will be made by the judge.

Hadenoughnow

  • rings123
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10 Sep 22 #519951 by rings123
Reply from rings123
Thanks so much for your advice. You've answered everything I was worrying about :-)

I'll send an email to the Respondent to set some deadlines for any paperwork that he might want to contribute to the bundles (although I doubt I'll hear anything) and get cracking on everything the two orders are after.

I think it's going to be a stressful few months but hopefully the end is in sight. Thanks again for your advice. I wish I'd found this website a long time ago when I started out on it all as it's been invaluable.

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