Financial Remedy Judgment

[CYNthesys]

Are parties in financial remedy proceedings automatically provided with a copy of the Judgment or do they have to apply for a copy ?

[atticus]

Are you looking for the Order made by the court or the judge's reasons for making that order?

The order itself should be sent out automatically, but court offices can and do make mistakes.

[CYNthesys]

Its the Judgment my friend needs. Seriously considering an appeal, and will no doubt need the judgment as evidence. At FDR stage friend was ordered to provide details of his pre and his post separation debts. He fully complied. When delivering his judgment the judge made an error of fact saying all the debts were non-matrimonial. When friend raised this the Judge was dismissive and basically said it was irrelevant. Taking into account pre separation debts FDR indication was 60%, but Judge at Final Hearing has said 55% and has classed pre separation debts as non matrimonial. As he has no mortgage raising capacity but has equal shared care of the 2 children the 55% would mean that housing needs for himself and the children could not be met, and he would probably have to rent, whereas his ex does have mortgage raising capacity which plus 45% would allow her to obtain a property that meets her and the childrens housing needs.

[atticus]

You will need to order a transcript.

You will need to familiarise yourself with Family Procedure Rules Part 30 and Practice Direction 30A.

[CYNthesys]

Can he obtain a transcript at public expense as he is exempt from court fees

[atticus]

Sorry, I do not know

[CYNthesys]

Would it be considered an error of fact or an error of law as Judge referred to the debts as being non-matrimonial even though the pre-separation debts accounted for over 50% of the debts, The pre separation credit card debts were incurred for the benefit of the family, and were not frivolous

[CYNthesys]

Please Can anyone let me know how to apply for a copy of a Judgment when judgment was delivered orally in court

[Pezza54]

Please read the advice at http://www.gov.uk/apply-transcript-c...ibunal-hearing

Form EX107 gets mentioned

[CYNthesys]

Thank you, Ive another question if anyone can help please, Do financial remedy orders usually come into immediate effect. Reason Im asking is because the order states "IT IS ORDERED WITH EFFECT FROM THE DECREE ABSOLUTE THAT a) the property shall be placed for sale etc etc

[Pezza54]

Please read the article at https://amicable.io/what-is-a-decree-absolute

The petitioner can apply for the decree absolute certificate 6 weeks and one day after the date of the decree nisi

Once the certificate has been issued either party can apply for enforcement of the financial remedy decided by the court

[CYNthesys]

thank you

Don't think I've explained myself very well. I'm trying to find out if a party needs to apply for the decree absolute before financial remedy court order comes into effect

The order says -IT IS ORDERED WITH EFFECT FROM THE DECREE ABSOLUTE THAT a) the property shall be placed for sale etc etc