Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Draft Court Order

(18 Posts)
Joy5 Thu 06-Mar-14 11:53:35

Am in the family courts tomorrow for an FDR, just realised i need to provide a draft court order, but can't find a template on-line.

Does anyone know how i can see what is required in one, can't see it on the Courts website either.

Thank you.

MaryPoppinsCarpetBag Thu 06-Mar-14 13:05:35

Are you LIP? Is the other person LIP as well? This is the sort of thing a solicitor would do for you, and is the sort of thing the other person's solicitor would do for you if they are not LIP.

I'm sure someone else will be along with more advice...

Joy5 Thu 06-Mar-14 13:31:22

I am LIP, the other side's solicitor is refusing to do anything for me unless i pay.

Thanks for posting smile

monkeymadness1 Thu 06-Mar-14 13:46:59

Is it the wording you'd like? I can copy some of the standard wording to you off of mine if you like?

monkeymadness1 Thu 06-Mar-14 13:49:36

I don't think you need to worry about it actually. I think as long as the agreed points are written down then the Court will add all the fancy bits smile before it is made into an order and sent to you both.

Are the points in the draft order points you've agreed out of Court or points you'd like the other party to agree grin

Joy5 Thu 06-Mar-14 14:02:48

It says in the order from the pre-liminary hearing, that both sides need to take a draft court order. No points agreed at all, so nothing agreed to write down!

eurochick Thu 06-Mar-14 14:05:59

What do you want the court to order? Write it here if you want and perhaps people will help you to organise it into the form of a draft order.

monkeymadness1 Thu 06-Mar-14 14:15:43

Joy- I think a list of what you would ideally like to happen would be sufficient.

Remember there has to be room for negotiation so start with more and be prepared to negotiate down would be my tactic. Also make sure you are reasonable, you're more likely to e taken seriously by the Judge then if your proposals are totally unreasonable

Does he want something very different to you?

Joy5 Thu 06-Mar-14 14:25:43

In his last offer he wants me to pay nearly 90% of my salary towards the mortgage, i obviously can't manage to pay that amount. He'll also let me have 10% of his very large pension.

monkeymadness1 Thu 06-Mar-14 14:36:40

Oh I see so it's no only about the kids but money too.

I'm guessing you are married rather than just partners?

Joy5 Thu 06-Mar-14 14:43:49

Kids not involved at all, just about the money. Been divorced for over a year, but only in the FDR this week.

babybarrister Thu 06-Mar-14 16:29:54

I assume that what the court wants to know is what your open position is - ideally in the form of a draft court order but if not, then just write down what you want and bring copies for everyone

you need to be clear as to whether this is an open position or without prejudice ie are you happy for this to be your position at a final hearing and to be bound by it?

Joy5 Thu 06-Mar-14 16:34:38

Am basically stuck in the position i'm in now, unless i get a much higher paid job or win the lottery, not much will change regarding my side of the finances.

lostdad Fri 07-Mar-14 12:05:25

It's worth checking the Custody Minefield - http://www.thecustodyminefield.com

Google `Draft contact order' and edit it. Don't worry about using `legal' language. But make sure that the terms are as unambiguous as possible and cover as many eventualities as possible (whilst as brief as possible...)

It can be a bit of an art form. Make sure that you keep it tightly drafted as it is far from uncommon for wilful misinterpretation of an order to enable a hostile ex to cause problems with contact or to get the issue back into court.

The other party's solicitor has no duty to give you legal advice, but they should assist you on procedural matters. More information here: http://www.lawsociety.org.uk/advice/practice-notes/litigants-in-person/

The above is what should happen, but don't bother complaining to the SRA or the like because it's extremely unlikely to make any difference (although if I have assisted people in drafting letters to the court for the more blatant examples and it's led to dressing downs although once again...don't expect much to come of that either). Instead, concentrate on your case and don't get distracted.

Hope this helps.

STIDW Fri 07-Mar-14 20:11:16

I've come to this a bit late in the day but if it is a FDR a draft contact order won't be very useful. Barrister Lucy Reed's resources and model documents, in particular "Common phrases used in financial orders", for people without a lawyer are a better bet.

www.nofamilylawyer.co.uk/default.aspx?i=re36

Joy5 Fri 07-Mar-14 20:13:17

Thank you for all the help, i did draft one and take it with me, but the Judge didn't ask for it although the letter had said i needed it.

Now looking at a full hearing, the Judge suggested at the FDR today a fair settlement, not totally what i asked for, but could see it was fair so i accepted, my ex declined and said he wanted to go to a full hearing.

Was so hopeful it would all be settled today, feel better the Judge suggested the outcome he did, but now its before a new Judge, the outcome could be totally different. Seemed to have concentrated on my case for months, despite endless solicitor letters attacking me personally, now just feel down its all starting again.

heliumheart Sat 08-Mar-14 11:42:45

Hi Joy. I'm sorry you didn't get any resolution yesterday. I'm waiting for my FDR in May.

I'd try to put it to one side for a few weeks. Is there much for you to be able to do between now and a final hearing? Is your ex really going to go that far, final hearings cost a fortune! I've been told that to be represented at one will cost each of us £15k+ in legal fees.

Surely it will go in your favour that you have already accepted what the judge deemed was a fair settlement. You sound as though you were prepared to compromise and that is good.

Joy5 Sat 08-Mar-14 13:30:18

Hi heliumheart

I was told 10k plus in legal costs for the full hearing, but way more then i could afford, more then my yearly salary! Have been self repping since court papers were filed, so if you've any questions about your FDR just asksmile

Don't think the new Judge will know i wanted to reach an agreement at the FDR as they don't see any existing paperwork. Didn't like the Judges suggestion but i went with the attitude that i wouldn't get what i'd asked for in my offer, and my ex wouldn't get what he'd asked for, which is why i thought it fair what the judge suggested.

The Judge made clear that a home for our youngest son was his main priority, so feel better about that, and that its likely the new Judge at the full hearing will also say that, but just wanted it all to be over, and the thought of having to go through it all again, especally as theres a chance my ex may use a barrister just fills me with dread.

Hoping my ex makes me a new offer based on the Judges suggestions soon that i can accept but think hes made so many promises to his new partner about what he can do for her financially, that he can't keep whilever hes paying maintenance to us, think hes got to realise that he can't get out of it for the next few years.

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now