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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4458
Experience:  Barrister at law
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I need a solicitor to check a draft consent order and its

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I need a solicitor to check a draft consent order and its appended Pension Sharing Annex P1 - divorce absolute already granted, I am applying to have a single personal plan split 50:50. All other matters have been settled and all forms for this application have been prepared and agreed with my ex-wife. The draft consent order is <A4 page with 7 short paragraphs.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Since the decree absolute was granted, no. I have prepared Application for Consent Order Form A, Statement of Information ... From D81, obtained the necessary information from the Pension provider in response to a Form P, and prepared the draft consent order and Annex P1. All set and ready to go to court but I (and my ex-wife) want the consent order vetted by a solicitor. (Or 2 solicitors - one for me and one for my ex-wife).
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: The family court that will deal with this is the NW Regional Divorce Unit.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I can provide a PDF of the consent order (and another version of it with my comments included that indicates my understanding of the meanings of the clauses).

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

We are a general question and answer site, so whilst I can give you general pointers, I can't act for you directly.

I'm more than happy to look over this for you though, if you upload the documents for me.

Customer: replied 8 days ago.
Thanks. Where do I upload the documents, please?

There's either a paper clip symbol on the message board or a file symbol (depending on which version you have) - and you attach via this.

Customer: replied 8 days ago.
Thanks. I shall try to upload them now... Done!

Thanks. I will review and come back to you. It may not be until the morning, but I'll get back to you soon.

Customer: replied 8 days ago.
Thank you.
Customer: replied 8 days ago.
Thank you. Please note the comments in the commented draft are addressed to my ex-wife - hence the 'you'/'I'.

OK.

I've viewed - obviously it's fairly straightforward. The only sharing of assets is the pension sharing - and you have agreed a 50% share here.

All other assets/ liabilities in each party's name remain as such - I obviously don't know what these are but I am going to assume that you have agreed this because it is fair to both of you and the D81 will reflect this.

No future claims - that's fairly standard.

Is there anything in particular I can clarify?

Customer: replied 7 days ago.
I just wanted to be sure that the draft document is a suitably written and valid legal draft, as I created it myself from an online example. Everything else in respect of the application is straightforward and I, and my ex-wife, feel confident about it - I was only unsure about this draft consent order, so if you have no criticisms, we're happy!

OK. There is this that you could add:

 

Declaration as to true presentation of assets

  1. (a)The Applicant declares that she signed as true the attached Statement of Information for a Consent Order at the same time as signing this Order; and

(b) The Applicant undertakes that should there be any material changes to the Statement of Information between the date of her signing this order and the date upon which this order shall take effect, she shall notify the Respondent in writing of such changes within five working days of learning of them.

 

  1. (a) The Respondent declares that he signed as true the attached Statement of Information for a Consent Order at the same time as signing this order; and

(b) The Respondent undertakes that should there be any material changes to the Statement of Information between the date of him signing this order and the date upon which this order shall take effect, he shall notify the Applicant in writing of such changes within five working days of learning of them.


Other than that I think you have everything you need to covered, without having listed the assets/ debts in your name and your wife's name obviously.

 

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

plclegal and 5 other Family Law Specialists are ready to help you
Customer: replied 7 days ago.
Thank you. Much obliged.
Andrew