Our FDR hearing took place this morning, no agreement reached, proceeding to Final Hearing and currently feeling very deflated.
Both self-repping, ex is a complete nightmare who has no idea what is going on and refuses to comply with the directions of the court (still don't have full disclosure, he has had penal notices applied but the information is still not forthcoming).
Background details as follows :
Me (Applicant) - age 41
Ex - age 55
One child age 7, lives with me all the time (Ex has chosen not to contact him for 15 months)
Married for 15 years (plus 5 years cohabitation). Separated 15 months ago.
My income - £2,052 pcm (employed)
Ex income - £1,325 pcm (all from benefits - Employment & Support Allowance and various disability benefits).
Ex has a number of serious medical issues (kidney failure, leg amputation) which have led to him giving up work (was previously earning £45k). He claims he is intending to return to work but refuses to provide any medical evidence to support how realistic this is. His life expectancy will be reduced due to his conditions.
FMH worth £180k - outstanding mortgage of £112k, equity of £68k
My pension CETV £78k
Ex's pension CETVs total £236k (includes £110k accrued prior to marriage.
My debts £33k
Ex's debts £23k
Ex receives housing benefit and lives in a bungalow with a secure council tenancy which has been adapted to meet his medical/disability needs.
Mortgage arrears (£4k) and poor credit rating (incurred as a result of Ex upping and leaving and refusing to make any financial contribution to the mortgage or other liabilities) means that I am unable to obtain a mortgage other than with the existing provider.
Existing mortgage provider have indicated they may be prepared to extend mortgage term to 19 years and to capitalise existing arrears.
Ex pays CSA of £5 per week.
Ex's offer was FMH to be sold and proceeds to be split 50/50, each keep own debts and each keep own pensions. Judge told him today this was "wholly unrealistic".
My offer was transfer of equity in FMH to me and ex to provide agreement to extend mortgage term. I would use best endeavours to remove him from the mortgage.
I had asked ex for a lump sum payment of £85k as opposed to pension sharing. This would allow me to repay debts and reduce mortgage to a manageable level. As ex is over 55 he could draw this lump sum from his pension pot.
Each to be responsible for own debts and to keep own remaining pensions.
Judge suggested....
Transfer of equity to me.
Ex's £110k pension accrued before marriage to be excluded from pot.
Either pension sharing order for me of £23.5k or lump sum payment of £15k.
Realistically I didn't expect to get the full £85k lump sum but was surprised it was as low as £15k!
Judge seemed to calculate the lump sum by working out 25% of Ex's pension pot (amount he could draw down tax free, although this is questionable as Ex has previously advised he can take the entire pot tax free due to his medical conditions being classed as terminal) so £59k, which was then discounted by 75% to take into account the fact that is was cash in hand.
I had hoped for more given that I am putting forward a needs ÂbaseÂd case and to reflect the fact that I will have full responsibility to financially support our son.
Accepting the £15k lump sum would mean mortgage payments could be reduced to £550 per month which I could just about afford but I would have no way of repaying or servicing my debts.
Ex would be left with a decent disposable income (seeing all his housing needs are met by the state, he has a fully funded motibility car and no child maintenance to pay (other than the £5 per week)).
I would have a pension of £78k and Ex would have a remaining pension pot of £221k which due to his age he could realise at any time.
Judge wasn't interested when I raised (again!) the issue of non-disclosure, just said I've already made orders and if Ex doesn't comply then the reason for that can be inferred at final hearing. It just felt like he wanted us out of his room as quickly as possible.
Grateful for any thoughts on the Judge's steer.
Do I accept it and finalise the whole thing and just try and manage as best I can (possible Debt Management Plan?) or do I go ahead with the Final Hearing and cross my fingers that a different judge would award me more ?
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Divorce/separation
Had FDR Today - Stick or Twist ?
9 replies
carolinem99 · 05/06/2015 18:05
OP posts:
babybarrister ·
05/06/2015 18:55
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babybarrister ·
09/06/2015 18:01
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