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Sorting out chattels post FDR

Posted by greenmonster 
Sorting out chattels post FDR
June 09, 2021 03:21PM
It is sad to say we had to go all the way to final hearing because of my ex's refusal to cooperate in the process.
We have an order in the recitals to divide chattels by consent, with liberty to apply to court - but, again, I'm getting no cooperation, so I fear I'm going to have to go back to court on this as well.

1. What is the process for applying to court for chattels?
2. When can I apply - is it as soon as the order is sealed by court, or can I apply sooner? I'd rather not let it linger as I need to furnish my property.
3. How long does the process take?
4. What is the usual process the courts follow? specifically around personal items, valuables including jewelry, family heirlooms, pre-marital items and fully marital items.
5. Can I get an order in for the chattels not to be used in anyway until the hearing to stop further wear and tear / disposal. If so, what is the process?

Re: Sorting out chattels post FDR
June 10, 2021 10:17AM
1. You pay a court fee and make a formal application to the court. Before you do this please remember that the value of chattels in a house is normally quite low. That is because they are valued as is - ie second hand - rather than what they would cost to replace new.

2. The time scale is normally specified in the order. It is unusual for a court order not to have time scales for implementation of various parts of it.

3. Quite long time because the courts are not quick at the best of times and Covid has given the whole public sector an excuse for further delay.

4. They normally prepare a list and then say 1 to husband, 2 to wife, 3 to husband, 4 to wife etc. Courts are not interested in adjudicating on chattels so they take a very brusque approach.

5. Frankly, I doubt it. It wouldn't be practical. Is your wife supposed to stop sitting on a sofa or opening a fridge?
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