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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 4331
Experience:  LLB (Hons)
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FOR SASH_Law ONLY Lea, we had a look at the Form A1. I would

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FOR SASH_Law ONLYHi Lea, we had a look at the Form A1. I would like some guidance on the first question on the form please.
It is not clear what option to choose under the 1st step, Nature of Application, and would appreciate your guidance.Also we would like some clarity on what the process involves if the two parties agree on a new CS before the court date. I can't seem to find any answer on the internet about what the process involves and would greatly appreciate your help.- Who draws up the document?
- Do they still need solicitors involved in ratifying the agreement and amounts?
- How is it made legal?
- Who presents/hands it to the court?
Thank you very much.

Hello again, thank you for requesting my assistance.

Nature of application: Tick the box that says: 'in connection with matrimonial or civil partnership...' and then tick the box that says 'to apply to vary' (or 'to apply to discharge') depending on which one you are doing

They can agree a new consent order discharging the earlier one between them and have it sealed by the court - this is a different type of application, but since they are already in court with her D50k application, that can be raised at that point and can be completed at that stage.

If they wish to agree a consent order ahead of the hearing (i.e. so the judge just needs to review and then seal it), one of them must instruct a solicitor to draft it, the other one then instructs their own solicitor to review the draft to ensure it is what they have both agreed - they both then sign it and the court will seal it if the court thinks it is fair and equitable (and they must both have had independent legal advice as the judge will ask for confirmation of this).

They can agree what they want - if the judge thinks it is fair the judge will seal it. They only need solicitors to draft and to review the document.

It's sealed by the court if the judge thinks it is fair.

They can do that jointly - or one of them can present it. It makes no difference if they are in agreement as both will need to sign it.

As I stated before, I strongly suggest you instruct a solicitor. It will be cheaper in the long run rather than ending up doing things wrong. This forum is useful, but it is for initial guidance, not a substitute for face to face legal advice.

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Customer: replied 7 days ago.
Thanks Lea. I appreciate your replies to my questions.
That makes it clear and we will continue dealing with our solicitor. At least those nagging questions were answered.

You're very welcome.

Glad I could assist.

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