Tom Farrell

Tom Farrell
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The intention here is to spark some debate amongst practitioners, discuss topical issues and lend support to each other from a technical perspective. Maybe also to raise some more contentious issues surrounding the Financial and Legal worlds and how they interrelate - or don't!

I am interested in developing the way in which sound financial planning is used accross all forms of divorce and to explore the best ways for Financial Planners to work with Lawyers to help their clients

It should be stressed that the views expressed by me on this blog do not constitute financial or legal advice and are personal.

11.8.08

Form P1 Conundrum

I have come across an interesting point of procedure, which I believe may differ from one Court to another.

The Form P1 has a space at the top of the first page for the date to be entered. However, as the Form P1 is an Annexe to an Order, which is already dated, it is common procedure for the Court not to put a specific date into this box; typically just inserting the year.

I believe that there is no obligation to put the full date on to the form (if anyone out there can point me to the relevant section of the Family or Civil Proceedings rules, I’d be most grateful).

However, this can cause problems. I have a case at present, where the ceding scheme is refusing to commence implementation until the Court inserts the full date.

Happily, the slip rule and a helpful Family Team at this particular County Court should prove a relatively swift solution to this particular case.

However, I am aware that the pension administrators dealing with these orders are increasingly wary over this issue. There is some logic to this as, without the specific date on the Annexe, there is nothing to tie this document to the Order and mistakes or falsification could occur.

At the very least, entering the specific date of the Order on the P1 can do no harm and will save any confusion or doubt.

It might be worth ensuring that the covering letter to accompany the submission of the Form P1 requests that a specific date be entered by the Court?

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