1.

Issue an application.

The court cannot make an order unless it has been applied for.

There will be no problem for the petitioner if the petition contained prayers for ancillary relief.

But a respondent seeking some relief must either have included the appropriate prayers in his answer or file form M11.2.

The court can only make orders using powers under ss 23 and 24 of the Matrimonial Causes Act 1973 and they do not include:-- letting someone off an overdraft or mortgage;-- ordering a party to pay insurance premiums;-- ordering the transfer of property to a third party;-- forcing one of the parties to surrender an insurance policy.

But .

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3.

An agreement to do something outside the scope of ss 23 and 24 can be covered by an undertaking which may be enforced as if it were a court order.4.

Complete the 'statement of information for a consent order' (form M1) and lodge it with the application.

The prescribed form prompts solicitors to give all the necessary information, but the prints produced by the law stationers have boxes which are curiously small.

The disclosure must be 'full and frank' so solicitors may need to add information at the end of the form or in a covering letter.5.

The criteria under s 25 of the 1973 Act must be satisfied and the district judge will refuse to approve an order which looks unfair.

Use form M1 or the covering letter to explain any situation which is out of the ordinary.6.

If one of the parties does not have a solicitor, the district judge will not approve the order unless quite sure that the unrepresented party fully understands the order and its consequences.

Many district judges will fix a short appointment with a view to discussing the order with an unrepresented party as a matter of course, but a personal attendance may sometimes be avoided by a suitable covering letter.7.

Some district judges insist on form M11 being lodged 'for dismissal purposes' only.

If in doubt, and to avoid delay, lodge an M11.8.

Be organised.

Do not mix up undertakings and the order.

Recite all the undertakings at the beginning and round off with provision under the Inheritance (Provision for Family and Dependents) Act 1975 (if any) and dismissal of claims followed by costs provisions.9.

Inheritance Act rights can only be given up in a true clean break and not if the wife is to receive periodical payments for herself.10.

Be consistent.

If there is a transfer of property then do not dismiss claims for property adjustment.

(But of course, all 'remaining' claims for property adjustments can safely be dismissed.)11.

Timing.

Look at every paragraph in turn and check that, where appropriate, there is a time for compliance and that it is clear.12.

If the wife has agreed to pe riodical payments for a fixed term you should disentitle her under s 28(1A) from applying to extend the term or you will run the risk that she will come back.13.

If child maintenance is provided for, ensure that the termination date is stated.14.

Avoid words like 'usual' (as in outgoings), 'reasonable' (as in length of time) and 'necessary' (as in repairs).

They are inexact and open to misinterpretation.

Be precise.15.

All existing financial orders will probably have to be revoked, eg, magistrates' orders or orders made earlier in the same proceedings.16.

The words 'liberty to apply' should be added if there is anything in the order to be worked out.

Note: adding these words does not make the whole order open to debate.

The only applications that can be made are as to timing and implementation of the order.17.

A consent order for final ancillary relief on divorce which is made before decree nisi has no effect at all.

But if you lodge the order with your request for special procedure directions the district judge may be prepared to approve the order subject to decree.18.

A lump sum or property adjustment order cannot take effect until decree absolute - so either provide for the order to be 'subject to decree absolute' or apply afterwards.19 Reserved costs in a matrimonial case do not automatically go the way of the final costs order and so ensure that they are specifically dealt with in the consent order.20.

Use a decent set of precedents to help you with your draft, for example, the Solicitors Family Law Association precedents which have recently been updated.

Do not expect the district judge to do the drafting for you.