Lecture notes
Family Law and Practice WS08 D2
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice WS08 D2
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IN THE NORTHWOOD FAMILY COURT No of Matter 00D238BETWEEN:
SUSAN JANE COOPER
Petitioner
And
GORDON RICHARD COOPER
Respondent
CONSENT ORDER
BEFORE [Deputy] District Judge sitting at the Northwood Family Court
on the day of 202X.
IN THIS ORDER the following words shall have the following meanings:
‘Petitioner’ shall mean Susan Jane Cooper
‘Respondent’ shall mean Gordon Richard Cooper
‘Matrimonial Home’ shall mean the property 37 Eastways Avenue, Northwood, Middlesex
registered at the Land Registry under title number NW 149832
A. UPON the Petitioner and the Respondent agreeing that the terms of this order are
accepted in full and final satisfaction of all claims for income, capital, pension sharing
orders and all claims of any nature which one may have against the other in any
jurisdiction as a result of their marriage howsoever arising
B. AND UPON the Petitioner and the Respondent agreeing that the contents of the
Matrimonial Home are to be divided in accordance with the schedules attached to this
order [Note to students: the schedules are not reproduced here]
C. AND UPON the Petitioner and the Respondent agreeing that neither of them has any
legal or equitable interest in property or assets owned by the other except as
provided in this order
D. AND UPON the Respondent undertaking to the court and agreeing promptly to
discharge all mortgage interest and monthly capital repayments due in favour of the
Sylvester Building Society secured on the Matrimonial Home together with the house
and contents insurance premiums until completion of the sale and to indemnify the
Petitioner in respect thereof
E. AND UPON the Respondent undertaking to the court and agreeing promptly to
discharge the gas, electricity and telephone accounts, the council tax and water
charge on the Matrimonial Home and to indemnify the Petitioner in respect thereof
BY CONSENT AND SUBJECT TO DECREE ABSOLUTE IT IS ORDERED THAT:
1. The Petitioner shall pay or cause to be paid to the Respondent a lump sum of the amount
set out in paragraph 2(e)(iv) below and the division of the proceeds of sale of the Matrimonial
Home in accordance with paragraph 2(e) below shall discharge the Petitioner’s obligation
under this paragraph.
docs_031430402.docx 1/7 © City, University of London 2019
, 2. Pursuant to the lump sum order at paragraph 1 the Matrimonial Home be sold forthwith
and the following consequential provisions shall apply;
(a) the said property shall be sold for such price as may be agreed between the
parties or in default of such an agreement determined by the court;
(b) both parties shall have conduct of the sale;
(c) the Petitioner’s solicitors shall have the conduct of the conveyancing work
relating to the sale;
(d) the Matrimonial Home shall be offered for sale by such estate agents as may
be agreed between the parties or in default of such agreement as nominated
by the court;
(e) the proceeds of sale of the Matrimonial Home shall be applied as follows:
(i) to discharge the mortgage secured thereon in favour of The Sylvester
Building Society
(ii) in payment of the Petitioner’s solicitors’ conveyancing costs and
disbursements in connection with the sale;
(iii) in payment of the estate agents charges;
(iv) in payment to the Respondent of the lump sum of £90,000 referred to in
paragraph 1 of this order;
(v) in payment of the balance to the Petitioner.
3. The Respondent shall pay periodical payments to the Petitioner at the rate of £840 a year
payable monthly in advance.
Payments shall commence on the 1st June 202X.
They shall end on the first to occur of:
a) the death of either the Petitioner or the Respondent; or
b) the Petitioner’s remarriage or the Petitioner entering into a civil partnership; or
c) a further order terminating payments; or
d) 31 May 2020, after which the Petitioner will not be entitled to make any further
application for periodical payments or secured periodical payments in relation
to the marriage, however the Petitioner may apply before then for an order to
extend this deadline.
4. The Respondent shall pay periodical payments to the Petitioner for the benefit of Sarah
Cooper (born on 4 August 200X) at the rate of £1,440 a year and for the benefit of Bruce
Cooper (born 19 September 200X) at the rate of £1,440 a year
a) Payments will continue until the children respectively reach the age of 18 or
end their full time secondary education, whichever is the later.
b) The court may (prior to these events or subsequently) order a longer period of
payment.
c) Payment on both orders will start on 1st June 202X in the sum of £xxxx for the
period of the subsequent month and continue monthly in advance.
5. There will be provision by way of pension sharing in favour of the Petitioner in respect of
the Respondent’s rights under his pension arrangement with Sheraton Hotel Pension Fund in
accordance with the annex to this order [Note to students : Not reproduced]
6. Save as aforesaid and upon implementation of this order, the Petitioner’s claims for lump
sum, pension sharing and property adjustment orders do stand dismissed and the
docs_031430402.docx 2/7 © City, University of London 2019
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