DOCUMENTS THAT HAVE BEEN PROVIDED WITH THE TASKS
[documents for the financial order case study]
Form A
Formal notice of intention to proceed with an application for financial
orders [that they are indeed proceeding with a financial application]
In our case study Mr P was the respondent in the divorce BUT he is the
applicant in the financial case because of the outcome of the children’s
case, he was awarded residence of the children under a Child
Arrangements Order and therefore it is necessary for him to sort out
the financial position
i.e. there are different respondents/applications in divorce proceedings
as there are to the children’s proceedings
From page 1 of the Form A itself, Mr P has applied for every type of
order that he thinks he may need:
- A lump sum order
- A property adjustment order
- A periodical payments order together with other financial provision
- A pension sharing order
- A pension compensation order
[would apply for any order that you think your client may realistically
require]
Form A deals with pre-requisites that the parties attend a mediation
information and assessment meeting, A MIAM. So, either the parties
have to attend a MIAM or say why they come within one of the
exceptions so that they don’t have to do so.
On page 15 it appears the parties have attended a separate MIAM but
not reached an agreement?
The court must serve a copy of Forms A and C within four days of filing
[page 182/183 LPC buddy]
Allocation questionnaire
[in addition to Form A] The applicant must also file an allocation
questionnaire after consultation with the respondent [most non-
complex cases will be allocated to a district judge]
Provides information to the court to allow them to allocate the claim to
a track.
Form C
The notice of first appointment.
When the court receives Form A from the applicant the court must
allocate a date for the first appointment, and they have a timescale to
, do that of not less than 12 or more than 16 weeks away [i.e. fix the
date for the first appointment between 12 – 16 weeks]
The court will put the date of filing on Form C [i.e. when Form E should
be filed/exchanged as detailed below]
The court must serve a copy of Forms A and C within four days of filing
[page 182/183 LPC buddy]
Form E
Form E contains all the financial information that the court requires
from the parties and at the end there is a list of documents that should
be attached [e.g. mortgage redemption, statements, life assurance,
surrender, values, P60s, etc]
This is the primary document which contains details of each of the
parties’ financial positions and should include supporting documents
e.g. payslips, mortgage statements, pension valuations and property
valuations and should contain all necessary details relating to each
section 25 factor.
Include the parties’ financial statements & gives details of the
parties and any children, means [including pensions], capital and
income needs/standard of living, contributions made to the family,
conduct in exceptional cases only, any other relevant circumstances
The court will put the date of filing on Form C. In this case, Form C
states that the parties should file and exchange their Form Es on the
12th October?
The Qs in section 4 are an opportunity for a party to apply some of the
section 25 factors to their case –
It also includes questions asking about recent changes in resources
over the last 12 months or likely to happen in the next 12 months
[things that could change the normal resources that parties have]
Asks the party about their standard of living
Party can outline their contributions to the marriage
Cite any conduct of the other party
Additionally there is a section to gather information to comply with all
the circumstances of the case as in section 25(1), MCA 1.
Where relevant, the client would put details of any cohabitant’s assets
Section 5, the client is asked to suggest the orders they want Mr P’s
example, the section is already broken down to ask about specific
orders, orders wanted in relation to the family home, in relation to
spousal maintenance, in relation to pensions etc]
FORM E INCLUDES THE ORDERS SOUGHT FROM BOTH PARTIES [PART
5]
, Both parties need to file and exchange their Form E simultaneously.
Once that’s done, both party solicitors need to prepare four more
documents for the court and the other side. These documents have to
be filed at court 14 days before the first appointment. Form C tells us
the precise date which in the Perdicu case study is the 9th November.
These additional documents are –
(a) Statement of issues
(b) A questionnaire [arising from those issues]
(c) A chronology
(d) Form G
Statement of issues
Following on from Form E as detailed above
The applicant and the respondent must complete a statement of
concise apparent issues.
Once you have looked at the parties Form E’s and the list where there
are contradictions/differences between them. You can refine those into
what you think the issues are/what you think the court will have to
decide upon [this is essentially the purpose of the statement of issues –
the court want you to refine the issues that they need to clarify and
make decisions about]
Issues can be factual or legal.
(a) Factual: e.g. parties disagree about the valuation of the family home
which is shown in P’s case whereby in both their Form E’s both parties
give a different value for the former family home. [thereby, this is a
feature that should be included on their statement of issues as an
issue]
(b) Legal: e.g. where a particular order should be made by the court. In
Mrs P’s Form E she argues about the pension sharing order and
whether a Mesher order should be made. Additionally, whether a clean
break or spousal maintenance should be paid.
Come up in the exam before to draft the statement of issues, starts page
91 [77 as described on the page] CONTINUED ON TO THE PAGES of the
bundle
Questionnaire
Following on from Form E as detailed above
The questions that feature in the questionnaire should be picking up on
issues that appear in the statement of issues that require clarification
& perhaps can be proved by documentation.
[documents for the financial order case study]
Form A
Formal notice of intention to proceed with an application for financial
orders [that they are indeed proceeding with a financial application]
In our case study Mr P was the respondent in the divorce BUT he is the
applicant in the financial case because of the outcome of the children’s
case, he was awarded residence of the children under a Child
Arrangements Order and therefore it is necessary for him to sort out
the financial position
i.e. there are different respondents/applications in divorce proceedings
as there are to the children’s proceedings
From page 1 of the Form A itself, Mr P has applied for every type of
order that he thinks he may need:
- A lump sum order
- A property adjustment order
- A periodical payments order together with other financial provision
- A pension sharing order
- A pension compensation order
[would apply for any order that you think your client may realistically
require]
Form A deals with pre-requisites that the parties attend a mediation
information and assessment meeting, A MIAM. So, either the parties
have to attend a MIAM or say why they come within one of the
exceptions so that they don’t have to do so.
On page 15 it appears the parties have attended a separate MIAM but
not reached an agreement?
The court must serve a copy of Forms A and C within four days of filing
[page 182/183 LPC buddy]
Allocation questionnaire
[in addition to Form A] The applicant must also file an allocation
questionnaire after consultation with the respondent [most non-
complex cases will be allocated to a district judge]
Provides information to the court to allow them to allocate the claim to
a track.
Form C
The notice of first appointment.
When the court receives Form A from the applicant the court must
allocate a date for the first appointment, and they have a timescale to
, do that of not less than 12 or more than 16 weeks away [i.e. fix the
date for the first appointment between 12 – 16 weeks]
The court will put the date of filing on Form C [i.e. when Form E should
be filed/exchanged as detailed below]
The court must serve a copy of Forms A and C within four days of filing
[page 182/183 LPC buddy]
Form E
Form E contains all the financial information that the court requires
from the parties and at the end there is a list of documents that should
be attached [e.g. mortgage redemption, statements, life assurance,
surrender, values, P60s, etc]
This is the primary document which contains details of each of the
parties’ financial positions and should include supporting documents
e.g. payslips, mortgage statements, pension valuations and property
valuations and should contain all necessary details relating to each
section 25 factor.
Include the parties’ financial statements & gives details of the
parties and any children, means [including pensions], capital and
income needs/standard of living, contributions made to the family,
conduct in exceptional cases only, any other relevant circumstances
The court will put the date of filing on Form C. In this case, Form C
states that the parties should file and exchange their Form Es on the
12th October?
The Qs in section 4 are an opportunity for a party to apply some of the
section 25 factors to their case –
It also includes questions asking about recent changes in resources
over the last 12 months or likely to happen in the next 12 months
[things that could change the normal resources that parties have]
Asks the party about their standard of living
Party can outline their contributions to the marriage
Cite any conduct of the other party
Additionally there is a section to gather information to comply with all
the circumstances of the case as in section 25(1), MCA 1.
Where relevant, the client would put details of any cohabitant’s assets
Section 5, the client is asked to suggest the orders they want Mr P’s
example, the section is already broken down to ask about specific
orders, orders wanted in relation to the family home, in relation to
spousal maintenance, in relation to pensions etc]
FORM E INCLUDES THE ORDERS SOUGHT FROM BOTH PARTIES [PART
5]
, Both parties need to file and exchange their Form E simultaneously.
Once that’s done, both party solicitors need to prepare four more
documents for the court and the other side. These documents have to
be filed at court 14 days before the first appointment. Form C tells us
the precise date which in the Perdicu case study is the 9th November.
These additional documents are –
(a) Statement of issues
(b) A questionnaire [arising from those issues]
(c) A chronology
(d) Form G
Statement of issues
Following on from Form E as detailed above
The applicant and the respondent must complete a statement of
concise apparent issues.
Once you have looked at the parties Form E’s and the list where there
are contradictions/differences between them. You can refine those into
what you think the issues are/what you think the court will have to
decide upon [this is essentially the purpose of the statement of issues –
the court want you to refine the issues that they need to clarify and
make decisions about]
Issues can be factual or legal.
(a) Factual: e.g. parties disagree about the valuation of the family home
which is shown in P’s case whereby in both their Form E’s both parties
give a different value for the former family home. [thereby, this is a
feature that should be included on their statement of issues as an
issue]
(b) Legal: e.g. where a particular order should be made by the court. In
Mrs P’s Form E she argues about the pension sharing order and
whether a Mesher order should be made. Additionally, whether a clean
break or spousal maintenance should be paid.
Come up in the exam before to draft the statement of issues, starts page
91 [77 as described on the page] CONTINUED ON TO THE PAGES of the
bundle
Questionnaire
Following on from Form E as detailed above
The questions that feature in the questionnaire should be picking up on
issues that appear in the statement of issues that require clarification
& perhaps can be proved by documentation.
