Hello. Welcome, everybody. My name's after Mahmoud on my solicitor. I'm Electra. They pleased to welcome you to today's bites. I session through data law. This, then, is looking at the area of completing the divorce documentation in family law cases and also looking at somebody aspects of be on nine deport pilot. Okay, so today. Then I'll be looking at LAX like, firstly, some of the procedure relating to divorce applications, as it currently is. And then also, we look at some of the changes that are coming back, particularly would be on my pilot. So at the divorce application now, the divorce application all petitioners, sometimes people still refer to it was in fact, updating August 2017. And that's the current one that we still utilize when you're dealing with divorces four clones and currently you'll be aware that we still only have the one grand for divorce. On that remain. The case of public amendments are due to come in at some stage on Not is that the marriage has broken down irretrievably. There's currently five different facts that, of course, one can rely upon Pepsi's off. I've been to a quiet a divorce, so we've got various facts off adultery, unreasonable behaviour, desertion, two years separation with consenting finally, five years separation, as we'll see shortly going to be changing soon when you are completely divorced. Application then just, very, very important to ensure that you are, of course, filling in the famous accurately as you possibly can. So you'll be read out on the front few pages. It asks specific information about parties if your client is one who has changed their name from what was on the mound. Is difficult for some policy partnerships. Difficult favor to indicate that on then, to ensure that you do seven to court a copy of the change of name documentation that refuse to actually evidence to change our certain. Similarly, fuel clients say, which used the proceeds divorce but is currently staying saying a refuge, for example, concerned and worried about their safety. Then the divorce up detention of enabling still lodged the application form without inserting your clients come to dress, but you do to complete and farm at court. Perform C eight Mercury Confidential address for you to ensure that do follow. That course does have the benefit of your clients. Address defecation in that regard deformed requires a lot of information to be provided insofar as a confirmation jurisdiction. So this is where Brussels to revised comes into play. Are you domiciled? Much money assumes that my something as amended body committees regulations off 2001. So that initial court may well have jurisdiction based upon my dog or habitual residence of the case may be also very important to indicate whether you're pursuing a divorce for a marriage or dissolution of this partnership, on whether you're pursuing judicial separation case of my parties or a separation case off several partners important, especially five that also toward the latter partial form. You'll be aware that there are specific boxes which relate to the position at ceramic some actual relief so that if you climbed his seeking to preserve their right to pursue financial order or indeed to fight the court to endorse a financial consent or a part of my have good, they're nuts. Words in court ticked a box to matter process to indicate Dr to be salt and also does the position of the film relation to issues. Costs doesn't some of the other aspects of the film is is really setting on promotion insofar as the particular fact that's been relied upon. So for these adultery, of course, then setting out the fact that adultery has taken place. One does not may need to name the correspondent, but sometimes people may, And if so, then that person's details will be put on there. Which means that, of course, they were ultimately be served in a documentation and down entitlement to completely turned off. Sir. Source of his father position behavior is concerned, despite the vote famous case off coins and always that many of you will be aware. Fritz Cruncher, Supreme Court in 2018. Despite dash guidance on good practice, guns, which is still offered both through the law society North or through organizations are resolution is still very much not too much information files behaviour. Instead, to set you I've done really two or three events. They mainly in the May as two instance of behaving into fight to be sent to a party in anticipation before you're completely Biggles Documentation and find courts us to reach agreement possible on this nature off the medications wear that wonder owns a long case, went to this court appeal about stage, for example, that was very much the guidance that was also referred to by both resolution and also what society, at that stage, very important to ensure that the divorce documentation signed sort out to sign that lease to laughter parts got my team to bury. Of course, Section three, subsection off the much one causes that 90 feet farmers insurance that one does not. Large divorce pursuits before torments his office. Of course, suddenly they have cases are blown. Intentions has been much before. Torments has been completed that has where electricals applications being regarded as non and void in the circumstances. Now, when we look at the online divorce, I put the link here for you. So you can, of course, going on, have a look clueless. And, of course, the online perceived has been available as a service to apply for divorce in England. Wales since really late 2017 throughout 2018 was also being used, but it's been used by litigants in person at that stage of posted by lawyers representing parties. For at this stage, we cannot nationally used the online pursuits he got called inductive client from the applicant well of course he made the active respondent on the applicant to be a different person. May have used it on my suit. Definitely. Respondent may have been to you when they are seeking flies from documentation, which was formed by the applicant online. Uh uh, With the online procedure, it's It's one where by this could be used. If a plant, of course, therefore, is that attend in person before doing much themselves. Recorded off medications available. 41 month procedure, not the online pilot is one uh, which has recently released a practice direction. So it's the pilots being proceed for use in online system. We could get certain states of set of procedures for a much money order so that speedy 36 l on that this was put together by the president Planning Division, said my father on the 14th of January this year. So 14th of January 2019 and is piloting essentially is used to process an application complete using the online procedure. My sentence, this update, the previous one that we had, which was previous part destruction 36 e, which would revolt from when this one came to effective January this year. Not this part, it only applies various conditions. Oh, met on. Firstly, the application must be full much mile order, which must be for a decree of divorce are made in the section one off 1970 threats. So you can only use it way too much money in order for a decree of divorce. Secondly, application application is one which is not unsuitable for the on line system. Okay, Sadly, the application must choose to use it on my assistant. I set out to destruction, okay. And fourthly, the application does not attend time coming defended case. Should it become defending them. In fact, one would be to exit the pilots in this back destruction no longer apply where the application must be. Start in family court on the application expects. We found a pair of tenancy. 14 January 2019. I'm ending 13th of January 2020 cases in C order requirements. State policy to be okay on hatred, CTS may also complete that certain individuals or applications are not suitable for the system. God, now, once on application is then been taken through this pilot in certain stages, but maybe complete online, where hatred CTS don't select application sauce detested features of this online system, and you'll be notified as to which applications have been selected and which ones have. Okay, so essentially this pilot is being used to make certain stages in the trunk seems to be completed. The whole purpose of this, of course, released necessities. Procedures 1/7 deceived worked there for to really deal teething problems as to ensure that once this does become national than, of course, it will definitely working on being fully operational. God, that happens. Some modifications to define see Druze a more sort of practice directions as a result of the operation off this pilot scheme. So, for example, where these pilot is being used, for example, than certain applications will be expected to complete one night by the parties. That self example application decree of divorce, for example, Get your service the application for decree Nice. I also noticed that the applicant seats to apply for between Nice that made absolute okay. Teach data. Pursues the parties concerned are required them to provide the necessary documents to court. Self example. When 11 is using this part, I'm lodging the divorce application, for example, there's still a requirement to court do you mind? Certificate Second chances for some of the documents, which that requires Still, client right off course don't doctrines. Now his pilot, Orser, provides that where the applicant is legal represented a legal upset. It must incomplete and provide with the application state, with 35 of them are really groups of us discussed buddy up. You get a possibility. Reconciliation and also live applicant names, addresses a person's qualified to help a fucking reconciliations that doesn't need to also be provided that we got. It starts a position services concerned. One is using this partner in service may be effected. But, of course, on the beach party email to the address given for serious contender Web land from which may have made an abscess on and also down loss. Because it again you can see a lot of this is being done now online post hard copy. So therefore, Dr Diamond, if that's modifying, not the position with how one deals say this normal on, um, one of the other things to bear in mind, therefore, is where one is dealing with. Well, I really despise your application. Much more must be made as quiet body online system in that regard, setting that specifically additional information that may be quiet by the course. So you can see that this pilot, the Amos famous to test this on with Richmond? Not true, of course. Now, as a result, off this pilot, you're also finding that there have been other unknown pilots that whole Southern utilize. So the seller Wonder have mentioned. For example, this is after destruction. 36 n. Now this one is a pilot scheme. Prestige from undefined progression. Certain applications for financial remedy in connection set precedents for much older. So this particular practiced rational became recently, in fact, on 27th of May off this year. And this part is really to allow now such application for financial remedy, too on minus one, using the hatred city s online application procedure so this would apply to applications were all of the various conditions are not. Firstly, the amputation must stay for for a financial remedy in connection for much more water decree of divorce, that's the first thing. Secondly, there must be lots of intentional proceed with an application for financial aid, and thirdly, the application must not be one for consent order Fourthly, the applicant must be legally represented. Vesely access to the online system for making progressing such application was permitted and find the application must have been started to family court. Okay, So again, what you might find out is that if you are acting for a client where you are using a pilot 86 now for purposes of piloting beyond my divorce as a natural consequence of the tax from 26th 7th of this year, we may find out for gone from that we want also now, when it comes to financial remedy application. Awesome music practice, Captain 76 Insofar as not politics, financial order up, attention, North persons and the application here for the financial order must be married and appeared commencing 27th and 29 ending on a 31st of March 20th 22 sides screaming for that purpose again. The purpose of this part is to really assessing new practices in pursuit of her. Alas, his application made not God Now, of course, interesting. Because this has been done on my and of course, there are therefore modifications that are needed to be made to the current provision insofar as resolution itself. Example, when the application is being made for financial order using practice direction six n then the application must include, from a perspective applicant confirmation that prospective hires are attending Maya were claimed at one of the mind exemption. Supplies are in mediation commission assessment due to exemptions or confirmation that gets exemption. Surprise that required on the old sections of the online. Occasional, of course, completely submitted a court in that regard. If documents are required by the court and, of course, the twin, she wanted me to ensure that those are more valuable than found a good on dumb. One of the other things is that when it comes to applications for financial calamity, received fire down my system. And when it comes to timing on our application for Montreal remedy to which this pilot scheme 1st 2 is received five year long system, not application. Is that your according my head? She said yes, it has been regarded on laughter UH, 4 31 PM under before 11 59 PM so you can see the language to court actually look at specific times. Their data finally would not be before next day that the court locations which their protection has been sent. Fighting on mine system is open for business again. This is just worth looking at, and so far is that now what's the position? Would actually find documents while you are. What you find is when it comes to documents, these will also have to be sent on mine. So also you've got, for example, financial statements, financial states, a chronology. The question is not so. Readiness or endorsed office, of course, expected. Also found, according now linked in with this money of you will be aware, of course, that they are more changes coming about. So that in particular, we had a big case of arms and owns, of course last year, and that has led to the government then deciding to propose a change in the law insofar as not being non fault. Divorce. Another consequence of that on the 13th of June off this year, the government has not introduced the divorce dissolution separation bill of 2019. Essentially what this is God is certain this is going to be now changing laws. It stands on DMC ada much room, of course, At 93 sort of Partnership 2000 feet. So it's really going to be a non confrontational on a mon fault. Way off. Resolving Mtel punch of disputes essentially by still retaining in one ground for divorce. Being truthful breakdown but now boom. Removing the requirement to evidence this by one or more facts. So essentially rather establishing Rana Mortify fax one would simply be providing a statement of marriage has broken down irretrievably, and no evidence is not going to be needed in support of the fact that relationship I was actually done. Now what's interesting is this Bill has its currently Steiner's provides that is going to be a minimum period of 20 weeks from when you start proceedings to when you get what currently normative decree nightside turn were changed conditions order. They're still after white. Six weeks and a day between the condition World Rugby Final order choose determine which will replace the term decree absolute, and you still have to wait many more torments before one competition for people's lives that this isn't over and one of the other things, of course, just to remind with this in mind, is that you've also got deep position with some of the other changes as far as the pilots of concerns, these pilots will continue to really continue until such time as the court decides otherwise. And therefore the aim is that once this move along is progressed, once we've got this bill that cheese log chances are the pilot stage will be utilized for some time. Therefore, we love a good idea as to when online come available for parties. In that sense, I see a lot of change ahead. Why do you mind? System hostelries used on worked out two years affecting, initially designed to be thank you very much indeed for listing the hope that's useful by side session from just trying to put together some of the changes heading. Also looking at some of the ways in which to ensure that they drafted stone was appropriately, slowly as possible. Thank you very much indeed, not speak to you next time.
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