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Help with draft order

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  • Help with draft order

    I have a hearing with my ex in July, I have been asked to provide a concise statement of issues between the parties (my ex and myself) chronology and a draft order. I need some guidance with the draft order, I need to get it right. Any guidance will be appreciated.

    Rosie500
    Tags: None

  • #2
    What are you asking the court to do? List each and every item.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      I may be on the wrong track.
      Please read the government guidance "Common cases: standard direction orders" at www.gov.uk
      You could adapt the Basic multi-track order to suit your case
      Is it "claimant" and "defendant" or "Applicant" and "respondent" in your case?
      The court will expect both parties to have attempted to agree any court directions
      Last edited by Pezza54; 13th May 2025, 16:42:PM.

      Comment


      • #4
        The court are asking me to issue a concise statement of issues between myself and my ex, a chronology which is everything that has happened with regard to the matter of my ex's maintenance payments and last but not least to do a draft order for my payments. I need to have the money my ex took reinstated along with what I already have to bring my payments back to what they should be. I hope this helps.


        Rosie500

        Comment


        • #5
          Originally posted by Rosie500 View Post
          The court are asking me to issue a concise statement of issues between myself and my ex, a chronology which is everything that has happened with regard to the matter of my ex's maintenance payments and last but not least to do a draft order for my payments. I need to have the money my ex took reinstated along with what I already have to bring my payments back to what they should be. I hope this helps.


          Rosie500
          A concise statement of everything that has happened is conflicting
          Everything that has happened in chronological order sounds like a witness statement. Have you got to attach evidence?
          Have a read of "Witness Statements" under "SHORTCUTS" on the forum page

          A draft order for missed payments should be straight forward. Can you claim interest for money owed? Is it just a money claim?

          IMO you should include a signed Statement of Truth at the end of your statement
          Last edited by Pezza54; 13th May 2025, 14:25:PM.

          Comment


          • #6
            Thanks for your reply. I will put a signed Statement of truth.

            The draft order is claimant and defendant. I'm the claimant.


            Rosie500

            Comment


            • #7
              The statement of issues is not a witness statement. It is a document setting out the questions the judge will have to decide, with a brief statement of each party's position on that question.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Guides and handbooks for Litigants in Person - :

              https://legalbeagles.info/forums/for...60#post1701560

              Comment


              • #8
                I understand that the statement of issues is not a witness statement. The person replying thought the chronology sounded like a witness statement to him. To my mind chronology is a statement of things as they happened which I happen to remember very clearly like it was yesterday.

                Comment


                • #9
                  Just found a very useful website that covers financial issues and financial orders (templates to download)

                  The website is www.nofamiltylawyer.co.uk The Family Court without a Lawyer

                  "Chronology: financial proceedings"

                  "Common phrases: financial orders"

                  "Statement of issues: finance cases"

                  Search on google "The Family Court without a Lawyer"
                  Last edited by Pezza54; 13th May 2025, 16:25:PM.

                  Comment


                  • #10
                    Why not consider a Scott Schedule - see the example on the website

                    "R punched A in the face causing bruising" R "Denied" End column for Judge's Finding

                    R locked A in the bathroom and refused to let her out. I thought bathroom locks were meant to be on the inside

                    Comment


                    • #11
                      Another "Concise Statement of Issues Template" at www.divorce.wikivorce.com

                      Comment


                      • #12
                        Thank you so much for all the information. I thought bathroom locks were meant to be on the inside as well. I never had any punches, I had control, lying and cheating and emotional abuse.Been away from him for 28 years in August. Thank you again for all the information.

                        Rosie500

                        Comment


                        • #13
                          The judge has not asked for a Scott Schedule. The OP should provide what has been ordered, and not something else.
                          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                          Guides and handbooks for Litigants in Person - :

                          https://legalbeagles.info/forums/for...60#post1701560

                          Comment


                          • #14
                            The judge will get exactly what has been asked for.

                            Comment


                            • #15
                              Good. Anyone suggesting otherwise is not helping.
                              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                              Guides and handbooks for Litigants in Person - :

                              https://legalbeagles.info/forums/for...60#post1701560

                              Comment

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