The FDR hearing and the First Appointment: what you need to know
When a financial application is made to the divorce courts, three court hearings are scheduled to take place: a First Appointment, an FDR hearing and a Final Hearing. Two years ago I published a post called FDR – look out for these stumbling blocks. It has proved popular with readers in search of information and practical advice, and for this reason I would like to look at the first and second court hearings in a little more detail.
First Appointment
Parties often regard the First Appointment as relatively unimportant, because they don’t have to say anything and much of what happens goes over their heads.
In reality? Ignore what is going on at your peril!
Before the First Appointment, each party will have exchanged a document known as Form E, which contains financial information. At the First Appointment hearing, discussions will take place with the judge as to what, if any, additional information is required before the case is ready to proceed to the next stage.
It is vital to play your part and make sure everything that should be disclosed between the parties, has been disclosed. You also need to confirm that all the valuations that need to be produced and agreed are set in train, ready for the next stage: the Financial Dispute Resolution hearing. At the FDR hearing, negotiations will take place on a Without Prejudice basis and a presiding judge will attempt to bring about a settlement.
Chronology Statement of Issues and Questionnaire
Before the First Appointment, each party will also have prepared a Chronology: a brief history of what they see as the relevant facts. Sometimes these will be contentious, but don’t worry too much, they are merely to assist the court. A draft Questionnaire will also be prepared, intended for the other party to answer. This Questionnaire is based upon a Statement of Issues, which is another document filed with the court. In a Statement of Issues document the party explains, as succinctly as possible, what the issues are in the case and what still needs to be answered by means of the Questionnaire, before the FDR hearing can proceed.
The Questionnaire aims to sweep up all outstanding matters the other party may have “forgotten” to deal with when filling out his or her Form E. It may also require further amplification. I have seen opponents value their interest in a company at “nil” or simply leave figures blank or “to be assessed”. How can the case proceed without that information?
At Stowe Family Law we are greatly assisted by our in-house forensic accountants, who assist in the preparation of clients’ Questionnaires and who help to assess the information subsequently provided. We are solicitors, not accountants, so having this facility on tap is greatly appreciated by our clients and is frequently invaluable.
In straightforward cases, the Questionnaire may be surplus to requirements. In complicated cases, it most certainly is not. However the judge has to decide whether each question is necessary.
One trick I have noticed is that at the First Appointment hearing, the lawyer on the other side may sidle up to the opposing lawyer, for a conversation beforehand. In the course of trying to “amicably agree” the questions to remain in each party’s Questionnaire, “to save the court’s time”, that lawyer might suggest that one or other of the questions are “irrelevant” and should therefore be struck out without further ado.
Beware! If in doubt, do your best to keep it in because while the lawyer on the other side is acting on his client’s instructions and may not know the truth, the client may not be so honest. This could be his or her last gasp effort to keep information hidden, knowing that a judge will keep that question in and that it should be answered.
You will frequently find that valuations are contentious. You may see no need of another valuation. You may already have one. Or you may believe that a valuation is desperately required, to prove that your spouse has placed a ridiculous value upon a major asset. Or if valuation is agreed, you may want your own valuer. It is up to the judge, remembering everything we have previously discussed in connection with the new Family Procedure Rules, to act in accordance with the overriding objective to decide what to do that is proportionate to the issues involved. Usually that means jointly instructing just one expert, who will give a valuation of a property or shares or pensions, or other valuable items. If it is a complex case, however, and you feel that a single expert is not appropriate, you can still argue for your own.
When the First Appointment is over, and you leave court with directions in place, the judge will also have ordered a new hearing date, and the case moves on. All directions given by the court must be complied with, so that the FDR hearing can go ahead.
The FDR Hearing
This is a private court hearing, which provides a very good opportunity for the case to settle. However this, as I noted in my previous post about FDR hearings, is not a certainty.
Settling a case at an FDR hearing is far from easy, because clients know they can still go to a Final Hearing if they wish. I have read letters written after FDR hearings, which set this out as follows:
“I regret the FDR did not result in a final settlement because as you [X] know, although you were prepared to compromise, unfortunately[Y] was not, and sadly continued to hold out for a disproportionate share of the assets so that a reasonable settlement was impossible…..”
In such a case, there is no possibility of compromise between the parties. So the case has to plod on to the third more terrifying stage: the “no holds barred” Final Hearing, in which control is surrendered to the judge as the parties finally walk through the courtroom door…
I have often thought that for a judge, conducting a negotiation is a far tougher job than arriving at a judgment, particularly if the judge does not have the presence or sharpness of some of the formidable advocates who appear before them. If the judge doesn’t give it a really good go, pushing both sides to extremes, then the intractable dispute will go to a lengthier – and even more expensive– Final Hearing.
So why do FDR hearings fail?
In my experience, one of the most common reasons why FDR hearings fail is that there is an insufficiently firm, authoritative figure at the helm who can steer the parties towards a settlement.
In such situations there will, of course, be tough lawyers on both sides. The lawyers will be happy to slug it out and demonstrate to their clients exactly why they are in safe hands. The judge needs to be even tougher. When this is not the case – perhaps an inexperienced deputy has been assigned to the task, or perhaps there are insurmountable time constraints – it can be difficult for the judge to stage manage the deal.
The parties leave deflated. Outside the courtroom door, aggression can turn into melancholy, as the wasted time and costs are lamented. It is a great pity, because an FDR hearing is a good opportunity to settle. But the parties, cocooned by their lawyers and not actually taking part in the court hearing, simply sit back while it takes place around them.
In the heat of the moment, they can forget that a good settlement is one where both parties walk away thinking that each of them could have done better. That is the price they pay for achieving resolution. I think it is a small price. The parties need to consider whether or not it is worth the wait, the additional cost and the stress of going to a Final Hearing. If this happens, the adversarial process will get into full swing and the parties will have to give evidence and be subject to rigorous cross examination.
If the FDR hearing takes place in the High Court, it can be a different matter. A High Court judge will have greater stage presence;after all, the courtroom setting is somewhat different to the chambers of the local district judge. The judge has the ability to challenge both sides so acutely that even intractable disputes may settle – unless, of course, the parties are so bloody-minded that the outcome is inevitable.
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91 Comments
Marion on June 29, 2011 at 12:43 pm
Excellent website. My son is divorced but a financial settlement has not been reached.
Short childless marriage of 18 months, 18 months prior co-habitation. House purchased by son prior to marriage. Only ‘asset’ to be divided is equity which is about £20,000. (Valuation provided recently by an estate agent and reference to the Land Registry house price guide for a specific post code) Sons ex wife engaged first solicitor and demanded a refund of money she had paid towards the outgoings of the household including council tax and mortgage. Although she is a high earner, her contributions amounted to less than 15%. She claimed to have paid ‘more than half the mortgage’.This can easily be disproved by way of sons bank statements etc. (She paid a fixed amount of £300 into sons bank every month by standing order and, apart from occasional purchase of food and small item this was her total contribution). After a delay of 2 months during which she was supposed to produce relevant bank statements to prove her contributions, she then stated she would produce ‘redacted’ statements. However after a further delay she ditched her solicitor and engaged a rather aggressive hostile man who is claiming that my son has refused financial disclosure (untrue) and appears to be ignoring my sons’ solicitors letters which are asking for mediation. Ex wife’s solicitor now asking for Form E and threatening she will go to court son he refuses to co-operate. Again, no mention of mediation under the new law of April 6 this year. There is no reason whatsoever from what I have read of the Protocol that ex wife can refuse to attend mediation. In the meantime, my sons costs have racked up to almost £2000 and ex wife’s must be approaching same. This is ridiculous taking into consideration the value of the assets in question.
My question is: Can ex wife’s solicitor ‘demand’ Form E without making an application to the court for financial orders. My sons solicitor has admitted that he thinks that completion of the form and ‘negotiation’ with this aggressive solicitor will just result in escalating costs and probably result in court action anyway. Ex wife’s costs most likely being funded by another party. This has been going on for 6 months now. Thanks for any information you can provide.
Marilyn Stowe on June 29, 2011 at 4:15 pm
Marion, thank you for your kind comment.
Forms E cannot be compelled with a court order.
Am I correct:- After a very short childless marriage to which this wife only contributed towards her maintenance, she is seeking a capital share of the pre-acquired asset which is presumably in your sons’s name? I assume she is arguing the equity increased during their relationship and therefore having she should have a share. She might also be seeking a deposit towards her new home so is arguing about her reasonable needs. As I’m not instructed I can only comment generally, and would add that it seems crazy for both of them to spend more in legal fees arguing than sorting it out.
If the only asset in contention is £20k then this case really should go to mediation unless there are reasons which I don’t know about (such as violence) as to why not. Alternatively, if she continues to refuse, it seems sensible for your son to simply disclose his financial position as requested, and to make her an offer and sort it out.
Best wishes
Marilyn.
Tulsa Divorce Attorneys on September 11, 2011 at 6:48 pm
I can see the importance of showing up for the FDR hearing fully prepared…
joy on December 25, 2011 at 10:25 pm
Im about to attend FDR hearing, my husband has lied on his form E which I can prove, yet to resolve this matter the only assets are the equity in the house and our pensions, ive taken every thing into account and offered to let him keep his pension and pay him the difference to make a 50/50 settlement. Even though I was given an inheritance of £20k which he believes should be kept in the pot. He seems to be he his even ignoring his solicitor advise and refusing a reasonable offer.
Marilyn Stowe on December 27, 2011 at 10:01 am
Joy
An inheritance will be excluded from division if both parties reasonable needs can be met without taking it into account.
If your husband is refusing a reasonable offer and forcing you to litigate at extra cost then you can apply for your costs to be paid by him from the date you made the offer.
Hope this helps
Best wishes
Marilyn
Marilyn Stowe on February 3, 2012 at 8:00 am
Eddie
I will deal with this in the forum on Wednesday.
Best wishes
Marilyn
Ashley Clear on March 4, 2012 at 1:33 pm
A good starting point for setting out procedure. I am three years into litigation with my husband who despite every effort to ensure proceedings are amicable on my part has used the Private Law system. I have only just won jurisdiction proceedings having had Divorce returned from Germany. My husband has assets in the form of businesses held by offshore trusts but nothing tangible in the form or property, with cash in undisclosed foreign accounts. My husbands lawyers have in that three years abused the Child Act Proceedings in an attempt to run up costs which on my part are now somewhere in the region of £200k alone defending applications – successfully – within those Proceedings and funded by loans and selling personal possessions etc. There are no interim orders for periodical payments – monthly cash income is very limited. FDA is set for eight weeks time, and now I have reached the most critical point in proceedings and what I have fought three years to obtain, I am now simply not in a position to fund representation to even prepare Form E or relevant questionnaire or retain adequate Counsel. Whilst there is a set system for Financial Dispute Resolution – what is someone meant to do in my position? Without appropriate representation and without the means to ensure adequate disclosure of offshore assets and business values – the process is surely redundant? What are my options?
Anna on March 8, 2012 at 5:50 pm
Hi I had a FA/FDR on monday and we came to an agreement, having thought about what was said in court I would like to retract from it – can I do this?
Thankyou
Marilyn Stowe on March 8, 2012 at 6:40 pm
Dear Anna
Oh dear. Once you have reached and signed a concluded agreement it is very difficult to resile from it.
If you have a solicitor ask for advice. If you haven’t consider taking it if you have good reasons to try and get out of it before a court order reflecting the agreement is in place.
But this serves as a warning to everyone reading this blog who may be in this position at an FDR. Please do not agree a deal if you are unsure. Ask for time to consider and reflect. Only then should you sign up.
Best wishes,
Marilyn
Alison on April 5, 2012 at 12:29 am
Dear Marilyn , Your column is very helpful and straightforward – I wish that I had come across it before now. My husband was divorced from his ex wife over 14 years ago. At the financial hearing she dismissed her lawyers (the third lot) and barrister because she didn’t want to hear their advice about division of assets. She decided to represent herself. Her Form E was full of inconsistencies and missing documents, none of which were fully accounted for. We know from her immediate family that she concealed up to £40,000. With the agreement of my husband and the direction of the judge she was given the entire matrimonial assets which included the matrimonial home – mortgage free. In return my husband kept his pension although he had lost his job as a result of the break up of the marriage and had to start all over again. His ex wife had a number of extramarital affairs and subsequently lived with one of these individuals for about 7 years. She has also inherited over 53,000 in the last six months. Despite this,and upon my husbands retirement at the age of 65 this year, she has made an application to the court for a ‘variation of maintenance’. Maintenance awarded to her at the time was 5p a year. This has been a complete nightmare for us. We live on very little; have sold ISA’s; cars, furniture and are facing the prospect of taking out a bank loan to pay for legal costs to defend ourselves. We have submitted our Form E and are still waiting for her Form E which is over two weeks late which leaves us very little time to find concealed assets. How IS it that an individual who has had the totality of the marital assets; has managed to earn a living for the past 14 years can completely bankrupt us?
Marilyn Stowe on April 5, 2012 at 8:00 am
“Alison”
I think from what you write the answer to this is very straightforward. Your husband should apply to have her claim struck out and for all claims to be dismissed. His lawyer will advise at what point such an application should be made. I think its important that he obtains a dismissal to protect the estate from a potential Inheritance Act claim if your husband was to predecease her. He should also seek payment of his legal costs on an indemnity basis, which means all of his costs if this claim is dismissed.
You cant prevent someone from making a claim, particularly someone who may be embittered, but you can make them pay for the consequences of their actions if it was entirely misconceived. The general costs rule is no order, but if someone makes a claim that has no prospect of success then the court can exercise its discretion and make a costs award.
I suspect what she may possibly be seeking is a lump sum which capitalises her maintenance requirements to be assessed now, rather than as what they used to be.
Best wishes
Marilyn
Ken on April 12, 2012 at 9:09 am
Dear Marilyn, excellent blog certainly gives me a better insight into my forth coming FDR on the 22nd May 2012, i’m now divorced we sold the matrimonial home and shared the proceeds, agreed a joint instructed expert to value our family business and then my ex said the valuation was only a guide, they applied to the court for there own expert which they paid for, I gave the new valuation to an expert who feels it is higher then he would value the business taking into account the economic climate and the present loss of business the family business is facing due to a large contract finishing. Round table meeting last week both with barristers etc I made an offer of settlement which was rejected my ex asked for just over half the value of the family business and said for the first time in almost 2 years she might be interested in the family business which I feel is another delay move, I have now received a letter from her solicitor stating they are considering there options, since our seperation i’ve been careful with the money from the sale of the matrimonial home , my ex has spent almost half of hers, during the round table meeting my barrister told me that the money I have will be part of assets on final settlement. This I find very unfair if we both received say ! £100,000 each from the matrimonial home my ex spends £50,000 of hers then on final settlement she can claim half of my money which does not make it equal, i’m told the judge see’s it as once spent once gone ? I continue to run the family business my ex retired from it 7 years ago and been advised to continue paying her a dividend and salary until final settlement , we both have new homes and new relationships, the family business will have to take on a large mortgage to fund the settlement i’ve offered 40% of her value of the family business which I feel is fair if i’m to be left with a risk and she has cash no risk, all very stressful.
Regards
Belinda on April 13, 2012 at 9:39 pm
Dear Marilyn
Thank you for the very insightful articles and advice.
Please could you advise me on the following:
I now have a decree nisi for unreasonable behaviour. The FDR is set for 2 May. We have two properties, one in joint names one in my husbands name. He has used up all our savings (40k) and accrued 60k worth of debt. He is a qualified accountant who refuses to go out and work, stating he wants to concentrate on his business, which for the last 6 years has made a loss (hence his credit card debts). We have two children aged 4 and 6. Both our properties are rented out. I have requested one property, but, he basically keeps dragging it out, stating I can have the property if I pay him 30k (the deposit for the property, which was paid out of joint funds) and he wont allow me to remortgage the property. I have been trying to get divorced for over a year. My question is, given the tens of thousands of pounds I have spent, can I realistically ask for a share of his property and expect to get it? I am working part time and I have been the main breadwinner since the children were born. I have transferred about £28,000 to him in the last five years to cover bills whilst still paying for nursery bills, food, days out, day to day expenses.
Thanks in advance.
Tim on June 18, 2012 at 2:52 pm
My wife lives in Australia and I now live in the UK. I have a daughter I never see. I do provide child support, based on the average Australian workers wage. I would not disclose my income, so CSA calculations are based on the above mentioned formula. My question is I wish to start divorce proceedings but I fail to see why I should fill in a form E or disclose any other financial information. The reason being the family home is in Australia (which I paid the mortgage for whilst living in Australia) and a UK judge has no jurisdiction or power to force a foreign citizen to disclose their earnings or force a foreign citizen to sell soem of their assests as part of a financial settlement. Whatever ruling the judge makes does not have to be honoured because she lives overseas and the judge has no powers to enforce an order, or even have the power to make such an order on a foreign citizen.
Am I correct in this assumption? If so what is the best way to proceed in divorcing my wife who lives in Australia and is an Australian citizen. I am a UK citizen.
Alison on June 25, 2012 at 5:17 pm
Dear Marilyn
As you predicted on April 5th, my husband’s ex wife asked for a capitalisation amounting to £40,000 or maintenance of £400 per month. As I mentioned before, we cannot afford these payments and offered a one off payment in good will of £12,500 which was the limit that we could borrow from the Bank. This she refused. We are now due to appear at a final court hearing in August. The judge told her that ‘she would not get what she wanted and that she was at risk’ Despite this, her lawyers have recently written, upgrading their demand £7,200 per year or £600 per month. We obvously cannot afford to pay this. Could you explain why they would behave in this way? Is it that when we get to the final hearing and they ‘reduce’ their demand to £400 per month they believe that they will get it? How can we be in this position?
Marilyn Stowe on June 25, 2012 at 5:24 pm
Alison
I’m sorry but I have no idea. You must ask your solicitors because unlike them I haven’t seen any of the papers and don’t wish to speculate on the specifics of the offer.
But good luck anyhow.
Marilyn
Tanya on June 28, 2012 at 11:27 am
Dear Marilyn
My husband and I were divorced in 1993. The settlement agreement we agreed allocated me a small percentage of my ex-husband’s pension. However, it also stated that this would not be paid in the event of any remarriage or cohabitation. My questions are:
a) how do I go about claiming the 8% allocated to me in the settlement agreement? I have my ex-husband’s address but I’m not sure he’d be very helpful.
b) I am cohabiting, but know the law has changed regarding pensions. I was married to my ex-husband for 16 years and have no private pension of my own. Would this proviso still be enforced if I made a claim?
Vikki on July 4, 2012 at 11:23 am
Hi
Do I need to show up in court for my first hearing? its my ex who is pursuing this and I really don’t want to attend!
Deborah on July 5, 2012 at 1:19 pm
Hi Marilyn,
My ex husband & his new partner are wanting to reduce my maintenance by 50% stating that as they have now got a child together they can no longer afford the current payment.
We have just completed financial statement form e to court & I have asked to also see sight of her finances. My solicitor has stated this is not possible as the matter is between myself & my ex husband. Is this correct please as she has recently given up her job & she also owns property which they rent out & to which my ex benefits financially.
Thank you
Tim on July 17, 2012 at 4:54 pm
New wife moved in MY (she had NO assets of her own)house and within a year demanded we move back to her home town of Arundel,for the new purchase we both had to sign the purchase contract (?)so making her an equal partner in my assets,then proceeded to blank me out..
hence my divorcing her on the grounds of unreasonable behaviour, we agreed verbally at the time to split the assets equally but now I feel angry at her overall behaviour.can I now sue for a more balanced amount??She did not contribute to the property in any way.
Anne on August 11, 2012 at 10:09 am
Hi, I am waiting to go to court regarding divorcing my abusive husband. We have a house and pension to divide between us but I am very worried after receiving a letter from his solicitor. Whilst we were married he would never do a proper job due to having a drink problem, he some how managed to get over the years a large number of credit cards and owes 85k ( i think he has still got alot of this money hidden away) For a number of years he dabbled in buying and selling second hand cars and has told his solicitor I agreed for him to get into all this credit card debt to finance his car business so thinks i should be liable for half the debt. If I had to pay this that would be my share of the property gone…. I never applied for any of these cards or have ever spent on them.
Marilyn Stowe on August 13, 2012 at 10:25 am
Anne
Why dont you ask him to obtain all the relevant credit card statements?
Then you can see how the money has been spent.
Otherwise its your word against his. If he wont agree to produce them, the court can order their production.
Regards
Marilyn
Emis on August 13, 2012 at 1:12 pm
My legal fees are already £35000 and I do not even have decree nisi. If I try to curb the paperwork my solicitor insists she must have meetings ,phone calls , send emails and hard copies of everything to me. My ex to be is refusing any form of negotiation and I am suffering with severe depression whilst trying to work and care for our children
I am told I cannot expect much better than a 50:50 split, despite the children being with me.
I feel the important issues that would help my case are not being emphasised. Such as that he has lied on his E form and about his income, has hidden cash and investments.
Will we be able to say all this at the FDR in November?
I cannot understand the long delays between a first appt in July and FDR in Nov!
Surely a solicitor and barrister can give a client some idea of what the likely outcome of their case is to be with their experience of so many previous cases and the full data of the case in their hands?
Maria on August 21, 2012 at 12:36 am
Hi. My husband has had an affair and is living with girlfriend. We have had FDA where he was ordered to supply credit and bank statement for last 2 years. He provided done but no credit card statement which amounted to ave £2k/month spend. He always said he never used his CC. At the FDA the judge said he should supply them but the actual order does not show this. Can I go back and ask for it to be put in. My barrister and I even spoke about how many weeks ex gas to supply them etc. have I been stitched up?
Joanna Harris on August 31, 2012 at 9:44 pm
I am currently at first appointment stage, where my ex husband alleged that I had remarried, which is untrue, his barrister showed a picture of me in a dress standing with my son as evidence of a wedding. The dj said a marriage certificate was needed, and the respondents solicitor admitted they couldn’t find one but were sure I had remarried! can this subject be bought up at the FDR? Or is it struck off the list?
Marilyn Stowe on September 2, 2012 at 7:48 am
Joanna
There will have to be proof of remarriage. I’m sure that it’s not true because you won’t be running a case of perjury, because there would be a strong possibility of a jail sentence if you were. On the other hand if this is a deliberately malicious and vindictive campaign by your husband to cast doubt on your claims particularly if it is affecting your health then you are entitled to argue this is litigation misconduct and apply for costs.
Remarriage affects maintenance but does not affect an entitlement to a capital settlement.
Do take legal advice.
Regards
Marilyn
Marilyn Stowe on September 2, 2012 at 7:55 am
Emis
The lack of communication is a big problem sometimes between clients and lawyers. Lawyers think the client understands and as in your case, you don’t.
I suggest you write a letter to the head of the firm involved and set out your concerns as you have to me. Ask for a written reply. Ask for advice about where you are, the parameters for settlement, how much its going to cost to resolve and what they suggest you need to do. Tell them you want a plan.
If you are still unhappy you could change your solicitor. But remember, it’s your case, you are running this case and paying for it so take control and make sure it resolves to your satisfaction.
Best wishes
Marilyn.
Marilyn Stowe on September 2, 2012 at 7:58 am
Maria
If there has been an error with the court order, it can be corrected by your solicitor writing to the court and asking for the order to be urgemtly amended to reflect the entirety of the Judge’s order.
Regards
Marilyn
Tanya on September 18, 2012 at 3:38 pm
I know you must be busy Marilyn, would it be possible to answer my question? There must be a lot of people like me who had a clause in their separation agreement regarding splitting the ex-husband’s pension who have no idea how to go about claiming it when the time comes. I would be quite prepared to take you on as my lawyer if a lawyer is required.
Bronwyn on September 29, 2012 at 7:38 pm
I completed a E2 form back in May 2012 and exchanged with my ex husband and I thought that was it. However, I have received an updated E2 form from my husband’s solicitor and he has questioned some expediture I have had since August 2012. What does this mean as I have a court date for the FDA hearing in a month? I have also discovered that my husband has had a number of large insurance payouts over the last 5 years which he never told me about. How will ths disclosure affect my overall settlement.
Christine on November 18, 2012 at 3:08 pm
Hi, My ex husband had put an application into the CSA for our 2 children on the 13th July 2012 and stopped paying me for them upon my marriage in July 2012. He has 3 business, 2 of which he declared, these ones barely cover the accountant fees apparently. The 3rd he hadn’t declared and I couldn’t work out why, I then turned into Miss Marple and found on Director Check that he had resigned from being a director on the 23rd July 2012 and guess what, he’d transfered the directorship to his girlfriends name! I’ve reported this to the CSA and sent in documents as evidence. However, as it stands at the moment they have awarded NIL in child maintainence at the end of August 2012, as he says he is a self employed company director and earns less than £5 per week. I recently went back on Director Check and he’d put the 3rd business back into his name on the 26th September 2012. I issued a financial provision order for the children in October after I found out he is selling land that he has and have been representing myself to try to get something fair for the children to keep them in the school they’ve been in since they were little. He turned up with his solicitor (the man with no money) and it transpires that he has got £200k of debt, this is in the form of loans and credit cards, (he used to be an investment banker and could prove he was credit worthy at the time). At the first directions hearing, his solicitor had said the proceeds of the sale of land was to be used for his living expenses and debt. I received his Form E and 3 months of bank statements 8 days after the deadline given by the court order, he has gone through over £90k and large sums of money, the largest £25k being transfered out to an unknown account? His solicitor is now saying that I will be liable for his costs, unless I withdraw my application as my application is without merit? They sent an invoice to me and it’s £8834.00. I have no money to be able to pay for his costs. I’m pregnant and have used all money I had to keep the children in their school. Shall I retreat or keep going in the vein hope that I can get something fair for the children. I don’t see why his living expenses, solicitors, accountant and financial adviser should come before his children. It’s not their fault he has so much debt!! And why on earth should I be liable for his ridiculous costs?
Carol on November 27, 2012 at 5:27 pm
Hi, I would appreciate some advice/opinions from someone else who isn’t as close to all this as I am. I divorced my husband in 2001. At the time we parted he had put us into a lot of debt, (which I did not find out about until it was massive) then I ran up my own debts in the last stages of our marriage as I struggled to run the family home and feed/clothe the kids on my meagre income and child benefit. Some of these debts I have never been able to pay off and the bank still gets back to me sporadically to get more payments from me, whilst still adding interest. I do work, but only part-time as my son has a congenital heart condition and needs regular hospital appts and over-night stays. At the time of divorce, we never did anything about the finances, there was nothing to split but debts. It took me 11 months to get the CSA to finally get any maintenance out of him for the children and then he spent years messing around with them, paying what he wanted, when he wanted. He would miss a payment and then send the children postcards from the Great Wall of China, Austria, ski-ing, telling them what a great time he was having and I was unable to pay the rent because he’d spent it elsewhere. He ran up thousands of pounds in arrears that the CSA then wrote off. He refused to contribute anything towards any school trips for the children and he got any money he sent to me to buy presents for the kids at christmas deducted from the maintenance by the CSA as he told them they were additonal payments he had made to me. He had married again, immediately following the absolute, to a woman he had a child with before the divorce and she has money. She paid off his debts for him and moved him into the house she owned. His child by her goes to a private school and has everything my two never had. I tried to get him to have contact with our two children, but he was never interested. A lot of problems stem from the fact that he is a serving member of the armed forces, the CSA are not allowed to ‘harass’ someone in his position. However, because he was serving whilst we were married, I am entitled to a share of his pension, and recently I applied through a solicitor to achieve this, as because I was his wife and followed him around europe I was unable to get a job that paid into a pension fund. I have been told by the solicitor that it will cost up to approx £12, 000 (I earn too much to get this done under legal aid but I am struggling to fund this) to finalize this. I went to mediation in August and he was offered the opportunity to do so too, but he declined. As we approach our first hearing, not only has he not completed his Form E, he has not instructed his own solicitor. He is asking my solicitor for a 4-5 month delay so that he can get his pension forecast together, which he should have done in August when he first realized he wasn’t going to do this via mediation. (It doesn’t actually take this long.) He also has written to me to tell me that ‘going to court is not pleasant nor cheap, could we deal with this outside of the court instead?’. I have talked to my solicitor and she thinks I should write to him and ask what he proposes, which I have done (I am still waiting for his reply). However, on the form she filled in to present to the court, it asks for him to make financial provision for our two children to enable them to go onto further education rather then run up debts as well as the pension sharing for me. But now not only has she declined to give me any advice (I can understand why) but she is talking about my possibly taking a lump sum of approx £15,000 – which is nowhere near what I had expected to put into a pension scheme and certainly not nearly enough to put one child through Uni, never mind two. When I started all this, she gave me hope that I would be able to acquire adequate pension sharing and also provision for the children and now she is making suggestions that I debate finances with him. She has pointed out that I would have to wait until I retire for his pension, (which I was aware of) and I could possibly get the lump sum now if I agreed it with him. I am totally confused, whenever I go to talk to her, I feel buoyed-up that I am going to get something for my kids (which I know he would never give voluntarily) and also something for me to help when I retire. I spent years following him around the world unable and unthinking about a pension and then the last decade and a bit struggling with little or no money, dependant on his whims and my kids have had not a single thing extra from him, not even his attention. At best they see him once a year. I know this is not relevant to the finances, but they are to me and his kids. Yes, if I got a lump sum in the region of £15,000 it would get me out of debt now (I doubt he would pay that much anyway) but it would not help me to live when I retire. Some advice from someone would be helpful.
Marilyn Stowe on November 29, 2012 at 8:40 am
Dear Carol
Without full financial details as opposed to details of his misconduct it’s impossible to advise. I suggest you tell your solicitor you are confused and ask her to set out in black and white exactly what she is suggesting. However I suspect as she is in the dark about his finances too, she won’t be able to do that to the extent you would wish.
What needs to be done is his discolsure obtained and this case speeded up rather than slowed down. The first appointment is the perfect opportunity for the court to get to grips with the case and be robust with him. Court orders should be complied with. Again however, discuss tactics with your solicitor.
Finally if you dont have sufficient confidence in her you can always instruct someone else.
Regards
Marilyn
Louise on December 5, 2012 at 4:52 pm
Hi, I’m going through divorce at present after my husband committed adultery . We split 6 months ago and he now lives with his girlfriend in a rented house. Their combined income is around £55,000 and I am a final year uni student. We have 3 children who live with me in our marital home, this was my home when we got together, which has around £50,000 in equity, I have paid mortgage since we split. I have debts of around £25,000 plus student loans and get no help other than tax credits because I’m a full time student. My husband wants his name taking off mortgage and will hand house over to me, however I cannot get a mortgage as I earn no money at present. He has pension and no debts as credit cards, loans etc were taken in my name but when together, I gave up career to have children, which at time was a better job than his and have no savings or pension. I’m struggling financially am I best going for a financial disclosure court procedure or will this make matters worse, thanks
Marilyn Stowe on December 5, 2012 at 5:05 pm
Hi Louise
I think you need to try and settle your case.
A court would want to ensure your reasonable needs were met such that you and the children have adequate income, a home to live in and your debts are discharged as far as possible.
You might be able to negotiate a reduction in the debts given your overall position and then you will know exactly what you have to pay back. It might be worth taking advice from the CAB on this.
You are entitled to 25% of his net income as child support for the three children, check the CSA website for the calculation. Then you are entitled to maintenance for yourself. The total will altogether be such as to meet your total income needs.
As to the house,if the BS wont agree to remove him from the mortgage, then you need him to confirm that at such point as the house is sold,the entirety of the net proceeds of sale will be paid to you.
He may say that if he is going to continue to pay you (not the children) maintenance he wants some of the equity in the house when it is sold. However this is where his pension comes in.
How much is it worth? Get a CETV to find out. Then negotiate from there.
Hope this helps, but there is no substitute to taking your own personal legal advice, I can only provide a rough guide, without liability, because I dont know all the facts.
Best wishes
Marilyn
mike on December 5, 2012 at 7:09 pm
my daughter and her husband are divorsing the husband wont
hand over a compleated e form what can she do it is costing her a lot of money that she cannot aford
Marilyn Stowe on December 5, 2012 at 7:18 pm
Mike
She needs to take it back to the Judge and he will make the necessary order to compel him to file.
Regards
Marilyn
Rebecca Lewis on December 13, 2012 at 7:20 pm
Dear Marilyn,
I hope you can help, to cut a long story short my partner went for his first appointment with his ex in mid November, questionnaires were not answered prior to this date due to his solicitors letting him down. He is now representing himself and has just had the answers to his ex’s questionnaire which are unsatisfactory to say the least. Can he write to the court prior to the FDR hearing to express concern about the answers? Many thanks
Marilyn Stowe on December 13, 2012 at 8:46 pm
Hi Rebecca,
Did they? Questionnaires need not be answered prior to the First Appointment. It’s up to the Judge to decide first of all which questions should be answered if at all.
You don’t say why he’s not happy with the replies. If more documentation is required he can apply to the court. If he simply takes issue with the replies them he can say so at the FDR.
Regards
Marilyn
Rebecca Lewis on December 13, 2012 at 10:57 pm
Hi Marilyn, the questionnaires were not ready at first appointment as the form E’s were not exchanged until 4 days before – partners solicitor had notice of first appointment in August but didn’t do anything until October, he is not happy with the replies because her whole basis for wanting £60k and for him to have £30 and keep £26k worth of marial debts is that she wants to buy a house on her own even though she is seeing someone and has been for over a year who owns his own house where she says frequently. The judge at the first appointment told her to go away and obtain mortgage in principle offers and provide a full breakdown of the sustainability of the mortgage, what we have received back says “mortgage offers to follow” and two links to Rightmove that don’t work in terms of the property she intends to buy as well as a comment saying she will reduce her spending so she can afford a mortgage (she is £2300 in rent arrears to her patents and overdrawn every month). I just wanted to know if it was acceptable to write to the court in advance of the second appointment stating the issues he has with the answers to the questions ? Didn’t know if this was the “done thing” or if it should just wait until the day? Many thanks
Marilyn Stowe on December 15, 2012 at 7:09 pm
Hi Rebecca
The judge doesn’t receive a running commentary. In good time before the hearing your partner should lodge a ‘skeleton argument’ settng out his case, his view of his wife’s case and what he is seeking together with copies of all offers to date.
If he needs documentation/valuations before the FDR and there is a delay by the wife producing them then he can certainly apply to the Judge for an order.
Have a good read of Section 25 Matrimonial Causes Act 1973 because they are the factors that will be applied by the court.
How much income and capital is there? What are the parties reasonable income and housing needs? How will the debts be discharged?
It’s all about doing the maths in the context of the case.
You don’t mention children. Their needs will be a first consideration.
Marilyn
Tanya on December 15, 2012 at 5:17 pm
Well okay, I can only think it was a silly question, either that or perhaps you’ve never had to deal with anything arising from a divorce in retrospect. Thanks anyway.
Marilyn Stowe on December 15, 2012 at 6:58 pm
Tanya
We did reply to you at your e mail address but didn’t receive a reply. I have written to it again just now. Please let me see a copy of the original order and I can advise you if there is anything you can do. It was made before pension sharing became the law and I suspect it was a pension attachment order. There will be no charge for advising you.
Regards
Marilyn
Allan on December 20, 2012 at 2:01 pm
I am going through a divorce, degree of niece is pronounced, it was under unreasonable behaviour. Financial dispute is for the property which is owned by both of us. but my husband is refusing to give me 50% of the equity in the property. He is accusing me that my family took money from him which is not true. We have first appointment in the court in Jan. Now what to expect , we have been married for 7yrs with no kids. What does the law say’s at the end ? How can he claim money from my family when he hasn’t even paid any and he has no proof ?
Marilyn Stowe on December 20, 2012 at 2:14 pm
Dear Allan
The financial contributions of both of you are relevant but so are a lot of other factors in particular your respective needs.
Regards
Marilyn
Allan on December 20, 2012 at 6:29 pm
So the court/judge is only interested in financial contribution b/w us ? Of which I contributed 50% deposit towards the property when we bought it anyways.
Marilyn Stowe on December 20, 2012 at 11:04 pm
Allan
I repeat the court will take into account a number of factors and applying them will come to a decision. I thnk your respective needs will probably come first. The relevant factors are set out in Section 25 Matrimonial Causes Act 1973.
Marilyn
Chris Hilton on January 4, 2013 at 8:46 am
Thank you for the information you’ve given.One of the most frustrating things about the whole divorce process is the lack of information about what’s likely to happen at each stage from my own solicitor.I realise they have other cases but until I read your webpage I wasn’t sure about whether the Judge would actually see the questionairre.So thank you for that.
My case is a little complicated as I have proof that a bank account has been deliberately hidden ,I have debit card details,all sorts of proof.I am concerned that this information will be hidden from the judge in the part you describe as the two lawyers sidle away etc.I also have proof that my wife’s new partner lied in his own court proceedings and had this hidden joint bank account.It should be interesting,I’m looking forward to it more than her but I don’t want to be complacent and miss the moment
Anne on January 23, 2013 at 12:32 pm
Dear Marilyn
I am due in court next week for a first appointment. My ex has still not disclosed his form E and has had many letters from my lawyers asking for this. I filed mine in December with the court as instructed, he has not done this either. Will the first appointment be cancelled or can I proceed and file for costs and a penal notice to be served against him.
April on January 28, 2013 at 5:08 pm
Dear Marilyn, i need advice, i am 2 yearsn devorsed now, my ex dosnt want me to get anything from matramonal home, he has ignored letters from his solicitors. My solicitor advised me that the only way to get things moving is to take him to court. We have filed the papers to court and are due to go 25th feb, my E forms are filled , these should have been to court last week. My solicitor has been in contact with his, he hasnt had any contact with them and appears to be ignoring the court order. What will happen next, this has been going on too long, i have had my parents paying for my court bills, would i be able to have these bills payed by my ex, as he is the one not following procedures? what will be the next steps? This is making me ill, im on medication due to all the stress and not being able to pay bills. Thanks
Marilyn Stowe on January 29, 2013 at 10:55 am
Dear April
I dont understand why it has taken two years to start financial proceedings. Generally I advise making an application for a client right at the beginning because I know how much of a trap it is, for the poorer party to be made to wait and suffer as you are doing.
Your solicitor could apply for a penal notice on the order requiring him to lodge a form E which could result in his commital to prison for disobeying a court order and certainly you should be applying for costs if there has been “litigation misconduct”.
These proceedings are not a joke and contempt of court is a serious matter.
Regards
Marilyn
Philip on January 29, 2013 at 11:06 am
Marilyn, Great advice and maybe you can help me with a 33 month marriage ending due to irretrievable differences (no kids). I see the divorce agreement to be rather clean and simple accept the money part since she is under a very different opinion to what she is entitled too.
1. I found a link to moneyadviceservice.org.uk where they have a divorce-and-separation-calculator as guide for financial settlements. Can I use it as a guide given the fact that I have disclosed all the assets and liabilities as accurately and current?
2. What are the costs (excluding legal representation) associated with FDR and FDA’s once I have filed for Financial Order with the court (£240) and let’s assume ex cooperates and submits / appears as scheduled?
Marilyn Stowe on January 29, 2013 at 11:27 am
Hi Philip
I think you need to refer to Section 25 Matrimonial Causes Act 1973 which details all the factors the court will take into account in determining a financial settlement.
I have no idea about your finances. So all I can do is give a few pointers:-
This is a short childless marriage. You could start on the basis you each walk away with what you brought into the marriage and each of you dismisses the claims you have against the other .
However, was any money made during the marriage and should it be divided equally?
Is there any reason to depart from this? What are your respective needs within the context of a short childless marriage? Are there health/reestablishment issues?
I have no idea what the calculator says:- it isnt applied by any court.
As to costs if it is all agreed it shouldnt cost much more than the court fees if you do it yourself. A solicitor will give you a written estimate.
Regards
Marilyn
Philip on January 29, 2013 at 12:03 pm
Marilyn
Thanks very much and the basis for settlement you suggest we follow is pretty much my approach with assets and liabilities accumulated during marriage to be split on a 50/50 basis.
It appears the only gray area is what she will claim for reestablishment with no health issues to be considered hence me asking the court to determine that on our behalf.
Not to get into any trivial detail but both have full time jobs and the finances are rather one sided = I pay for all the monthly expenses associated with the marriage including her mobile phone etc etc and the only contribution she makes/made was to provide food for the house and upkeep of her car. The balance of her income was considered disposable income which she seldom shared or contributed towards big ticket items for the house or even help pay for vacations. Your help is much appreciated.
Marilyn Stowe on January 29, 2013 at 12:47 pm
Philip
If you are both relatively young independent earners who can both rehouse and move on then does maintenance come into it? It’s a needs based award.
Take some advice for a detailed opinion. I can’t give you that without much more info.
Regards
Marilyn
Heidi on January 30, 2013 at 1:50 am
Marilyn
Self rep as bankrupt, and can’t afford legal help, married 24 cohabiting 2 years before. Debts about same but stbx, solicitor says he will have to take on debt of house, so that needs to be taken into consideration. He earns 2 x as much as me, I have realised now I have made costly mistake to me on e form as I didn’t know any different. Makes it look like I have money however if I filled it in like his solicitor would have showed I had a huge minus. His solicitor gives me paperwork literally just before we go through to see judge but may have been speaking to me 1/2 hour before. His E form seems to be missing latest months paperwork, yet gives a month earlier in the year no credit card statements, etc etc.
Gives me paperwork, but not up to date stuff.
Front page names him as applicant and me as respondant, but it is vice versa.
Feel his solicitor is using the fact I am having to self rep and knowing I don’t know the legal system against me.
Is there anything I can do about any of these mistakes, mine and his ?
James on February 20, 2013 at 8:52 am
Dear Marilyn
I am due in court in a few weeks for my FDR hearing. The only asset involved is the matrimonial home which has about 130K of equity in it. I am simly seeking a 50/50% split and do not begrudge my wife anything that she is entitled to. We have a daughter who is an adult now but still living at the matrimonial home with my wife, I am obviously not.
However, throughout the whole process and various court hearings my wife is claiming for a complete transfer of equity over to her. She claims that as the household has a poor credit rating she cannot raise finance to buy my share in the property and claims she will have no where to live. In actual fact she can live with her parents who incidentely have a mortgage free property worth 300k which she will inherit 1/3rd of.
Can she claim a 100% transfer of equity on the matrimonial home?
Zoe on March 2, 2013 at 3:25 pm
Hi Marilyn
I am fast approaching my FDR and would love your advice.
My husband and I divided the equity of our home 50/50 at the time of our amicable split over two years ago. I remained in the home and transferred the equity into my name. We both at that time considered the agreement to be finalised and agreed to do a straight forward divorce after 2 years separation. Unfortunately, I found a new partner relatively soon after the split and things turned sour between my husband and I. I had always been the main earner and my husband is now claiming that he should be financially recompensed as I have a greater earning potential than him. We do not have a child together although I have a son from a previous relationship and we are in our 30s so are still relatively young. To my mind, the only asset we did not split is my pension so I have now offerred to split this 50/50 however he is asking for a significant sum which he says he requires to pay off the finance on a vehicle which he purchased only recently and monies to pay for the deposit, stamp duty and legal fees for a new home! The sum amounts to approximately 130% of the original marital assets. He has not given any principles on which he is making this claim and I am wondering how it is likely to be viewed by the judge. Surely he can only ask for a greater percentage of the marital assets than 50% not more than the total of the assets? I simply do not have any money to give him. I am working on a temporary contract myself so have uncertainty around my employment and yet his settlement ‘offer’ has increased by £10k since the first hearing. Please help
Tracey Jones on March 2, 2013 at 6:24 pm
Hi there, i,ve been struggling for 3 years now . I had to walk out of a 13 year violent marriage, i havnt any children with my x. I left all my personal belongings in there . my solicitor sent a letter asking him to let me pick my things up but had no reply. He ended up rentin the house out without my consent, as cheltenham and gloucester allowed him without my signature. I got intouch with the morgage dealers and they revoked the tenancy, but he had already let them move in with all my things still in the house, A year on he put the house up for sale and told the estate agents i had gone AWOL, the house was sold last august with all my things gone. My solicitor has written to him and all he has said that all my items was broken and only has 2 items. Questions have been asked but hes not replying. I have filled an E form out with disclosure of my bank statements, he has filled his out but hasnt disclosed his bank statements. My solicitor wants to no about the rent he got as i,m entitled to half. there is 22,0000 sitting in a property solicitors waiting to be split which he agreed to that, but i,m not agreeing and my solicitors advised me not too either as he is,nt discloseing. I,m really frustrated with all this . Can,t he be forced to disclose within a certain time , I filled mine out in december last year and were in march now , i thought it was six weeks that he has to fill his out , then court action has to be considered. Its seems like i,m not getting anywhere as i want to move on with my life as he has and got engaged, sorry for the long message but i need positive answer,s .
Kate Scollen on March 4, 2013 at 2:48 pm
I am due at the first appointment next week but despite filing all the forms requested by the court, the applicant’s solicitor has now requested some quite in depth paperwork. Some of which I don’t feel is applicable, however, I will provide it should the court see it as relevant. They have listed all this in the questionnaire. Am I right to wait for the court to instruct me on which papers to provide? Surely I am not answerable to their solicitor, only the court. I am representing myself.
Many thanks in advance!
Marilyn Stowe on March 12, 2013 at 5:58 pm
Dear Kate
Sorry for the late reply, if you arent happy with the requests, explain your concerns to the Judge and let the Judge decide what still needs to be produced.
Regards
Marilyn
cat whitehouse on March 8, 2013 at 12:46 pm
Hi,
even though i have a very good solicitor I still feel the need to have some kind of advise given to me for peace of mind.
I have been married 15 years and have 5 children.
Me and the ex split up last May after years of arguments and drink issues on his behalf.
He has been om incapacity benefit for the past 12 years and I have been the main earner and supporter in the family.
I brought my house on a right to buy from the council 3 years ago with just my name on the morgage.
He has never contributted to any bills, family holidays, up keep of the house, or childres clothing basicall nothing!!!!
I filled for divorce and have had my absolute 3/1/13
but I have been fighting a loosing battle to gain a clean break agreement
He has told his solicitor the house is worth 120k
where I have had 5 valuations of 80-85k
he also says I only owe 40k morgage which I have proved I dont
Basicall I have complied all the way and it has cost me 5k up to now with letters emails between solicitors ect ect…
My question is He must still be on his benefit to be able to get Legal aid?
However in september 2012 he registered himself as a director of a company and has got a commercial property with his new partner which has not actually opened as yet to date..
however when it was put in a letter to his solicitor what buisness or commercial property interests does he have , he has denied all of it
However yesterday he was seen again in the commercial property placing settes and 4v tv screens on the walls. surely he should not be getting legal aid.
I have filled an application for finacial order to courts and have had my timetable… If when he supplies his finacial information this property, buisness, directorship is not put down, what will happen….
Also I have had not one penny for the 5 children who are all his since he left in may 2012
not that I want any
I just want a clean break and hope the judge see that I am a hard working mother supporting and giving her kids the best I can
Regards C.
Marilyn Stowe on March 12, 2013 at 5:42 pm
Cat
I cant advise you because I dont have all the information. You must ask your solicitor if you dont understand and you can ask your solicitor to write to the LSC to object if you dont think he qualifies for Legal Aid. He may do even if he isnt on benefits.
He also has a duty to make full frank honest and continuing disclosure and if he doesnt it is potentially very serious if he is proved to be dishonest. Your solicitor will prepare a questionnaire asking about the deficiencies in his Form E and the court should then order him to make that disclosure. Do remember that the Form E must be honestly completed and failure to do so may result in a criminal prosecution.
Best wishes
Marilyn
beverly tahor on March 8, 2013 at 3:22 pm
Hi
I have recently filed for divorce, and the FDR hearing will probably be in the summer. I was married for 30 years and I paid the vast majority of the bills , whilst my husband saved in an ISA- which was worth approx £45k. My question is, what happens if he spends all his savings before our divorce is finalised.
Looking forward to receiving some feedback on my question.
Marilyn Stowe on March 12, 2013 at 5:37 pm
Dear Beverley
The simple answer is protect the assets! You may need an injunction to stop him. Alternatively if he does spend his savings, if you have a house together you could ask for the amount to be added back in and deducted from his share.
Regards
Marilyn
Philip on March 11, 2013 at 10:13 am
Hi Marilyn
I am in the process of entering Mediation for final divorse settlement and discovered that Ex removed valuable items from our residence. We currently share the house till agreement is reached and items are of such value that it will influence of settlement agreement.
Besides a letter to her solicitor, what other legal options exist to sees such efforts/actions by her?
Regards
Philip
Marilyn Stowe on March 12, 2013 at 5:27 pm
Dear Philip
Items are usually valued at their second hand value not their insurance or replacement value so may not be as valuable as you think. You could itemise the items she has removed and if they are of sufficient value to be worth it, apply for an injunction that she doesnt dispose of the items until the final court hearing if mediation doesnt work. Alternatively you could seek the value of replacement items from her if she wont return them or allow you to have any of them.
Regards
Marilyn
Caroline on March 13, 2013 at 9:36 am
Hi Marilyn my situation is Ex bought properties instead of a pension for our future but he had an affair and moved in with his new gf leaving me and our 2 children aged 11 and 5 and has now had a child with her, they rent a large property for £1,350 per month.
We were together 15 years, married 8 years. I do not work and have no income. We have FDR in May and at the moment are at loggerheads over property.
He is a company director but business not doing to well at moment.
He has now stopped paying mortgage on Marital Home and I am being threatened with repossession.
He is taking all profits from rented out property, (1 being in our joints names) .
(1 being in his name only deposit used to buy was from our 11 year old daughters savings).
3 properties he has with friends 2 with 1/3 share.
1 with 1/2 share . All these properties are rented out.
Do I have any entitlement from any of these properties.
Thank you
Marilyn Stowe on March 13, 2013 at 11:52 am
Dear Caroline
All the assets of both parties are available for sharing and the court can require him to sell his shares in the properties to meet his obligations. All property which is owned with others is subject to a trust for sale which means if one party has to sell, then so must the others.
Regards
Marilyn
Donald Plunkett on March 17, 2013 at 9:15 am
Hi Marilyn
I have read your blog and seen where you have been very helpful. I am in the process of having the first hearing tomorrow but am not prepared with all the details required for form ‘E’. Can I ask the judge in writing for more time, say a month, to get a proper evaluation, bank statements etc. I understand I can submit this letter to the clerk of the courts immediately before the hearing.Awaiting your reply.
Marilyn Stowe on March 17, 2013 at 9:28 am
Dear Donald
You have had 6 weeks to prepare the Form E so a court isn’t going to be happy that it is not lodged and the procedure has been put back:- questionnaires, statement of issues directions for what should be the next hesring, the FDR. It will be even worse if you don’t turn up. At the end of the day you want the court onside with you. The hearing tomorrow will be in chambers not open court. Dress conservatively, your aim is damage limitation.
You must turn up to face the music, and apologize profusely to the court and the other side explain your situation and what time you still need to complete your Form E. If you haven’t been able to cope with it all, say so. I would however be prepared in the absence of good reasons for a costs order to be made against you of the costs thrown away. They could be assessed by the Judge tomorrow but its not an insoluble situation for you.
You must start to cooperate with the process. I know it isn’t easy acting on your own. I hope you have taken legal advice. If you can agree tomorrow on say valuers if they are needed to value a house or other directions to move forward the you can advise the court that progress is being made and perhaps save yourself a costs order.
Hope this helps.
Best wishes,
Marilyn
Stefania on March 28, 2013 at 11:42 am
Marilyn, In August last year my husband started behaving very cruelly towards me after he purchased a property from my brother and the deal went sour. He banned my brother from coming to my house and later also my sister who was visiting from South Africa. Baring in mind that he lives in South Africa most of the time. in early September he started making violent threats against me over the phone and when I started standing up for myself he told me I had disrespected him and sent me and email asking me to leave “his” house and the furniture the one car, which was in my name and that he wanted a divorce. I sought legal advice and filed for a divorce. I also filed for a freezing injunction on his assets and was able to get and occupation order and FLA and section 37 injunction in place. Once he was he was served with the divorce documents he came back fully contesting it as he had then discovered that due to an admin error by the South African Home Affairs our marriage was never registered and he wanted file for an annulment. £12K in legal fees later and two directions hearings later I was able to prove that the marriage was legal and Home Affairs their mistake. His lawyers are now claiming that we had and exceptionally short marriage and as we did not live together for the most part of our marriage that I was not entitled to anything. We got married in Aug 2009. At this stage we had two children aged 2 and 11 months. They are now 5 and 4 years old. I continued to live in the UK where I was already residing since 2007 and he continued to live in South Africa where he owns a house and a business and needed time to wrap things up so that he could eventually come and live with us in the UK. We were living in a 1 bedroom rental flat at the time and in Nov 2011 he bought a house in which we are no living.
In statements he made he claimed that the house was bought with 50% of his mother’s money. He also claimed that he was working for her when actually the business is his but she is the member on the Close corporation as he changed it to reflect that way in 2005 when he divorced his 2nd wife. He is also claiming that he only earns £1400 per month. Yet he owns 3 mortgage free properties, 2 in the Uk and 1 in SA, and 7 cars and a motor cycle that are all fully paid. He receives cash rental income from his tenants on his business property.
I know for a fact that he is not going to declare everything on his Form E and I have sent a proposal to his lawyers to consider. They have now come stating that they want to use the First Appointment hearing as and FDR hearing and I am not sure what the best way forward would be. I can no longer afford a lawyer so I am representing myself and feel like I will be walking straight into the lion’s den. I just want what it best for my two boys as it was unsettling enough when we moved into the house and now that they are settled in childcare and schools he wants us to move into the flat he is buying from my brother and live there only until the children reach 18 or if I should remarry or die. He makes no mention of any child support payments in this offer. He has never made any such contributions in the past except for paying the rent for the flat we lived in.
I would just like your opinion on whether or not to go through to and FDR hearing or if I should try and get them to settle this matter outside of court and how you would suggest I go about doing this without me looking like I have something to hide. I think he is just wasting time and money and avoiding to have to give me anything in terms of a fair settlement.
Regards,
Stefania
Marilyn Stowe on March 31, 2013 at 11:33 am
Dear Stefania
You say you can’t afford a lawyer. Frankly I would have thought that’s what you need most right now if you are going to avoid meltdown in the way you suggest. There are a number of ways of meeting legal costs which you can discuss with your chosen solicitor.
Regards
Marilyn
Kevin Hillyer on March 28, 2013 at 12:27 pm
Dear Marilyn
Thank you for the time you take to help advise others, it must be very much appreciated by so many out there.
I have a question to ask about how and when a Court will effectively enforce disclosure.
I am supporting my girlfriend who cannot afford a solicitor, has a decree nisi, two children, and a troublesome solicitor as an ex husband. Each month there is a struggle for her to get any money for rent, and he has applied to Companies House to wind up his Solicitors practice, presumably in an attempt to keep money from her or maybe because the divorce has uncovered his dodgy dealings as it is clear from the documents he has supplied that he has told the Tax office he earns around £25,000 but has spent in the last year over £110,000.
He kept promising financial disclosure, but even at the First Appointment his Form E was still very incomplete, lacking business accounts etc. The Judge ordered him to complete the disclosure and answer all of her questionnaire within 14 days.
That deadline has passed, and she went to the Court to be told she has to write to them and they will write to him.
What we want to know is what sanctions and powers the Court has to enforce this process. At every step he seems defiant and clearly he believes that he can play the system to his advantage.
Any hope you can give would be appreciated !
Thank you
Marilyn Stowe on March 31, 2013 at 11:31 am
Dear Kevin
The court can attach a penal notice to the order, breach of which can lead to imprisonment. If your partner writes to the court explaining the situation the Judge may do it without a hearing being necessary.
Regards
Marilyn
Rob H on April 9, 2013 at 5:27 pm
Hi Marilyn, I am due to attend a FDR hearing in May. I have completed my form E as has my wife but I have yet to get a copy.
In a nutshell, We bought our first house together in 2002 and my wife’s father gave her her 50% in cash and I mortgaged my half. We moved 4 years later and ourchased another house which my wife’s father gave her a top up to pay her 50%. I paid all bills and mortgage for the next 7/8 years when we decided that I had paid my half and for fairness the balance owing should be split equally going forward.
We married in 2005 and have no children. Now my ex wants to take out the 50% from the equity and split the remaining. She has also accumilated £20-25k cash savings as I paid for everything. My assets are less than £1000 and libilities aroung £15-20k.
I can’t afford a lawyer, can’t get legal aid as I work and earn too much so any advise would be fantastic…
Marilyn Stowe on April 11, 2013 at 4:11 pm
Dear Rob
Have a read of Sections 22-25 Matrimonial Causes Act 1973 to check the law as to what the court can do and why.
Then consider your respective needs and your contributions into the marriage. Do you have capital needs such as to enable rehousing?
The argument about non matrimonial assets being excluded is more likely to apply once the court is satisfied both parties reasonable needs have been met.
Finally you say you cant afford a lawyer. Dont be short sighted. There is quite a lot of money involved here and plenty of ways of making payment of your legal bills, eg out of a capital receipt at the end of the case on a Sears Tooth basis.
Regards
Marilyn
Rob Hiscoe on April 11, 2013 at 9:35 pm
Many thanks for the assistance Marilyn, I will read the above. I did try to obtain the help of a solicitor down here (London) but all wanted the money up front… In this economic climate, I can’t say I blame them. So glad there are good people like yourself providing a service for us less fortunate…:-)
By the way I received the form E today from my wife’s solicitor. She is asking for £250k for a house and £100k pension… that is more than the assets we have combined! I have less than 50k in equity of the house….
RosemaryD on April 13, 2013 at 10:18 pm
Your blog is fantastic Marilyn.
I am just about to have my First Appointment. I have spent all my savings on solicitors and feel that I haven’t got anywhere with them. Now I’ve been made redundant but I am not eligable for legal aid.
I have filled in my Form E. I am being as honest as I can be.
I am so scared about the next few months. My ex-husband is in the marital home which he made me leave. We have the children 50% of the time each, so he won’t have to pay maintenance. He has made me offers of about 40% of everything (30% of the pensions) but I don’t think this is reasonable. I have given up full time work for 15 years to bring up the children, one of whom is still young.
I am so ground down from all of this and solicitors don’t want to help without a big deposit, which I don’t have.
Do you have any advice for someone like me self-representing? Will it be ok?
Marilyn Stowe on April 16, 2013 at 1:15 pm
Dear Rosemary
You refer to child support but not spousal support. Are you sure you arent entitled yourself?
As for a settlement I would look at your reasonable needs which may require more than 50% of the capital when you factor in reasonable housing needs. I dont see why he should be offering you less that 50% but perhaps you know.
Im worried that without representation you could come away with less than your fair entitlement. It can happen.
Its up to you whether to pay a solicitor and thats your call. I really cant say one way or the other what will happen.
Regards
Marilyn
laura on April 16, 2013 at 10:20 am
Hi Marilyn,
I’ve found lots of useful information on here, thanks very much but I do have a couple of questions I hope you could help me with? My ex has refused to answer any correspondence from my solicitor so far (I started divorce proceedings 17 months ago) and we do not have an address for him as he keeps moving and changing jobs (he is currently unemployed).
I am now at the application for financial remedy proceedings point and it is very unlikely that he will respond to it. My solicitor has explained that if he fails to comply with the court process my legal funding would not cover the extra processes needed but I could seek an order that he pays my legal costs.
I am going through the financial dispute resolution because he has a military pension of which I am entitled to a proportion on retirement, and he has an income from rent on a house he owns with his first wife. I am quite sure that he will not disclose said income, but have no proof of it myself so is there any point in me doing this?
And if he just continues to ignore correspondence from solicitor and court, what will happen?
And will we both need to be present for the first appointment? He lives in Scotland, I live in North Yorkshire so I can see that presenting a problem for him.
Any advice would be great.
Marilyn Stowe on April 16, 2013 at 1:26 pm
Dear Laura
Is it worth it? Thats the question you have to answer as one the face of it there isnt much in assets he lives in a different jurisdiction and the assets arent being disclosed.
Some thoughts:-
With a court order it is possible to obtain information about undisclosed assets such as the value of the pension.
As for the property and rental income the court can order a Land Registry search against a named person rather than the property if you dont have the address. If you find it, get a local estate agent to say how much the house is worth and how much rental income it would produce.
Finally ignoring the process wont stop the court from making a final order.
Enforcing the order may be tricky so thats another judgement call to make.
Regards
Marilyn
Rick Todd on April 16, 2013 at 10:26 am
I would like to know as to whether my wife is entitled to demand from me the past 3 years bank records.
Marilyn Stowe on April 16, 2013 at 1:16 pm
Dear Rick
Yes she is and its up to the court to decide whether or not to allow them at the First Appointment.
Regards
Marilyn
ewen on April 22, 2013 at 1:26 pm
Hi,
i have had my Divorce made absolute earlier this month, my ex has filed a form e and i have been sent a first meeting notice.
i had a short marriage, no children, no property , no assets and i live abroad. i dont owe my ex any money or did i abuse her in any way, can you advise me if i can refuse to turn up or write to the judge explaining i wont attend as theres nothing to settle? help and advise would be great. thanks.
Marilyn Stowe on April 25, 2013 at 12:33 pm
Dear Ewen
Its odd that your ex would be applying to the court if there was no reason. Her Form E should give you more information about her financial position and what she is looking for.
You have been ordered to complete a Form E and I think you should complete and file the Form E and if what you say is correct then ask the court to make an order dismissing both parties financial claims against the other.
Regards
Marilyn
Mandy Baker on April 30, 2013 at 4:57 pm
Hi,
I am due my first financial hearing next friday. Married for 14 years with a 13 year old son, who lives with me. I went into the marriage with £600k from first divorce, which financed the marital home as well as a number of business purchases and ventures. I worked full time until my son was born, then part time earning £40k until 8 years ago, since when I have worked about 30 hours/week as office manager for the various businesses. We sold the marital home over 18 months ago,with not much equity. My pension is worth almost £300k (although most of it before I met my 2nd husband). My ex husband is attempting to minimise the value of the companies to a ridiculous extent and is going to instruct the court that there is little point in getting valuations done because of this despite the businesses (internet based businesses) giving him and his business partner a healthy income, and health turnover. How will this be viewed by the judge in terms of my contribution? am thinking the worst that I will come away with nothing but a huge legal bill.
Thanks
Marilyn Stowe on May 10, 2013 at 5:07 pm
Dear Mandy
Sincere apologies for the delay in responding. I hope all went well and the court made the necessary valuation/ disclosure orders.
Regards
Marilyn
Tim on May 9, 2013 at 2:44 pm
I have a final hearing coming up with regard to maintenance for my daughter. My circumstances have changed dramatically and I am now unable to pay the maintenance that was agreed as I received constructive dismissal from my employer. My daughter is now 18 and wants to go to university. My ex has applied for an extension to maintenance for my daughter but will not allow me to speak to my daughter about it. I would like to apply to the court so that my daughter can attend the final hearing. What process do I need to follow in order to be able to do so?
Philip on May 13, 2013 at 11:41 am
Hi Marilyn
We briefly communicated some time back but seek your advise with regards to the fact that I have a Decree Nici in place after 33 months of marriage due to irretrievable differences (no kids) and started with financial settlement discussions via Mediation but my Ex has now refused to proceed further after rejecting the Basis of settlement endorsed by the Mediator.
Quick background. I paid the 20% deposit for the purchase of the house 27 months ago. House value at that time £410K. Current value circa £450K and my offer was to settle for 50/50 of the accrued house value excluding the deposit. Both of us work fulltime and aged 46 & 45 respectively with no other major investments accrued during the marriage and therefor a clean break settlement is obvious. This appears to be the only financial matter in dispute and I feel that my basis for only splitting the £40K in equity in very fare given 1. The length of the marriage 2. she did not contribute to the deposit 3. She did pay any share of the mortgage or monthly bills on the house during the past 27 months and counting ………..
Issue nos 2 is the fact that we both still occupy the same residence and no contributions from her side towards any bills. Needless to say that the atmosphere in the house is very very difficult not to mention the domestic issues re-occurring that caused the marriage to end.
I seek guidance on my options for a reasonable settlement given the fact that she is now expecting 50 % of the profits and is not willing to pay any of the liabilities on the investment past and present.
In the likely hood we will continue to share the house for some time to come, what options do I have to recover her share of the monthly costs?
PS, We joint owners of the house in dispute.
Many thanks for your good advice.
Philip