Many couples prefer to reach an agreement on their Divorce or Separation without going through the financial and emotional costs of the adversarial legal process. ILS helps couples to move forwards by having their agreement formalised in the courts without having to instruct lawyers, which can be both daunting and expensive - with average rates of £200 - £300 an hour.
It is essential that you convert your agreement into a court order as this is the only way to ensure that it is binding and enforceable. Without a court order there is always the possibility that one of you might change your mind at some time in the future or when for example you have found a buyer for your house or secured a new mortgage. A court order provides certainty and security.
The consequence of failing to obtain a financial remedy court order (often known as a "clean break order" ) was recently highlighted in the court case that was heard by the Supreme Court on the 11 March 2015 of Wyatt v Vince. Despite the fact that this couple had been divorced 22 years ago in 1992 and that they had only lived together for a couple of years whilst married, the Supreme Court decided that Ms Wyatt was legally entitled to make a claim against her former husband Mr Vince (now a multi millionaire) for financial support. Mr Vince only made his fortune 13 years after the divorce so it was not the case that Ms Wyatt had contributed financially to his business. However, the Supreme Court decided that she had made a contribution to the marriage by looking after their son Dane and step daughter, both now adults.
Absolutely brilliant, such a helpful and professional solicitor that helped us both through a difficult divorce.
I can honestly say that after a long marriage of nearly 30 Years my divorce hit very hard emotionally. When you're so low you defiantly don't function as you would in normal circumstances, although this is the time you need to produce accurate and precise documentations for the courts. Caroline Saunders of independent legal services was excellent, she has a wealth of expertise as a divorce solicitor and that is apparent in her professional approach but more than that she takes time to explain the complex legalities of what is required by the courts. She took the memorandum of understanding (document detailing what has been agreed in mediation) and completed all relevant court forms and documentation at the various stages of the divorce court application. Excellent value for money. Would and have recommended Caroline Saunders of Independent legal services.
CHawkett on Yell.com
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We offer a Fixed Rate Drafting and Checking Service for couples going through Divorce or Separation. We help couples to make an application to the courts for a Financial Remedy Consent Order, which allows them to implement their own agreement. This agreement may have been reached independently, or as part of the Mediation process - read more on who our services are suitable for.
Our service is a drafting service only and accordingly we will not give any legal advice. However, if at the outset it is obvious that your agreement is unworkable (on a practical basis), or just clearly unfair we will say so and decline to take on your case as it stands. We point you in the direction of a number of Mediation Services or other professionals who can help you to reach an agreement.
The preparation of the draft financial remedy consent order involves taking the essential parts of your agreement (whether this is recorded in the MOU or your written agreement) and putting it into the specific legal wording and format that is required by the court. This requires specialised legal knowledge and experience.
There are specific mandatory formalities and legal requirements which must be followed. The court is not bound to approve a draft order and will reject it if it has been incorrectly prepared or the court is being asked to do something that it does not have the power to do.
The court must be provided with:
The completion of form D81 (Statement of information for a financial remedy consent order) is mandatory. We will take care of this form on your behalf, ensuring it is filled out correctly and accurately.
The purpose of this form is to provide a summary of your personal and financial circumstances for the court. The court also needs to be satisfied that you as a couple are aware of each others personal and financial circumstances. This is why you are required to sign each others forms or complete a joint form confirming that you have seen the completed form before signing it
Without this information the judge will be unable to decide whether your agreement seems fair and or practical. In effect this form is your "safeguard" that the Judge is satisfied that your order should be approved.
It is important to understand that turning your own financial agreement into a financial court order by consent is in no sense of the word a "rubber stamping operation". The court will not approve your financial order if the judge in his or her opinion considers that it is either unfair or unworkable or a combination of both. In those circumstances the judge will reject your application for the financial order. The court will not refund your the court fee you have paid if it rejects your draft order.
Using our services will minimise the risk of your agreement being rejected by the court. We will ensure that the draft financial order is in the correct form and that the court has all the information it needs. We will warn you if we anticipate that there is a possibility (for whatever reason) that the judge will not approve your agreement and make it into an order. From experience we have a good idea what may or may not be acceptable to the court.
As you will be acting in person, the judge may write to you if he or she has any questions relating to your agreement or regarding your financial or personal circumstances. This is quite normal.You should also be aware that there is never a guarantee that the judge will approve your agreement and turn it into a financial remedy consent order.
ILS will try and anticipate what further information the judge may require from you and suggest that this is provided in advance by way of "background" . It is often the case that the "bare facts" as required on the form D81 do not explain the reasons why you, as a couple have made your particular agreement. It takes no account of what has happened in your marriage/relationship and what you both feel to be morally or personally right for you as a family.
If you have not reached agreement through the mediation process and therefore are not in possession of an OFS you will need to supply all of the information required for the completion of form D81.
In order to complete the required paperwork, we will require certain information from you - please see information we need from you.
*Please note that if your consent order includes a pension sharing order an additional fee of £50 will be charged to cover the additional work involved.
Please note that this is a purely drafting and checking service and that ILS will not provide any legal advice. As a couple you need to be sure that you wish to proceed before you instruct ILS.
Fees are payable in advance by bank transfer. Please see our Terms of Business for details.
ILS can also assist in the drafing of other family documents, including those required for a divorce. Please use the details below to contact us for an estimate.
If you think that ILS may be able to provide you with the services you require, please use the form below to send us a message to discuss your situation. We aim to respond to all enquires with 48hours - if you would like us to call you back, please leave a phone number and an approximate time you'd prefer us to call.
Alternatively, please call us on 0751 817 8977.
Please also make sure you have read our Terms of Business