What to expect 2nd FDA court appearance?(15 Posts)
I have already attended the 1st FDA court meeting whereby we just sat and heard in front of a judge, without doing much. I suspect just to see the direction we are heading to.
The divorce is a financial dispute, so since then, we have had to answer questionnaires, and get some other details which I am still to do.
I just wanted to know what to expect at the 2nd Court attendance?
am in the same boat though haven't had first one yet. My understanding that the 2nd one is more like a mediation session and the judge tells you what he thinks the outcome would be if you went to a full hearing. Are you self repping?
No i have a solicitor, but it is racking up in costs.
This should be your Financial Dispute Resolution Appointment. A very different beast.
You and your lawyers are all under a duty to try to settle. If the judge feels anyone isn't they can penalise you in costs.
Everything said is "without prejudice so not to be mentioned if you go to trial.
The judge will hear argument from your lawyers, read all their schedules of assets and whatnot, and then if needed may give indications to help you get a deal.
Go expecting to work really really hard. Take snacks, take drinks, take plenty of parking money. Expect to be at court all day if it takes that long.
Get all your information in promptly, it makes your lawyer's job easier and raises your chance of settlement.
I’m in the same position Op. My FDR is in 7 weeks and I’m praying that STBXH will be reasonable. MrsBert I assume the judge will give his indications first? And then we’re to reach and agreement to settle.
If it helps you to know we both self repped and it was relatively casual but took a long time. I don’t know if this was “normal”!!! The judge was very fair, kind and sensible - as he should have been I guess!
We were sent out to try and come to a decision between us at one point. Judge gave clear indications that we would not be looked at favourably if we went to final hearing as our circumstances were relatively simple.
We did agree on the day, judge said we had 7 days to write to him but ex recinded the agreement so my advice would be to ensure something in writing on the day!
There's no set form, Rock. Different judges have different approached, and it can depend where you are in the list too.
Sometimes you're in and out of the judge's room like It's the bloody hokey cokey, sometimes by the time you have seen the judge you've already thrashed something out.
Can I ask if you represent yourself in court, will it cost much?
Do you have to pay court costs?
It's early days for me, I've filled divorce DIY style, on government website. Husband is not defending it, although he has a solicitor, they are querying me claiming costs from him.
We can't agree on finances so far.
Any information will be great, thanks
You have to pay court fees (£550 for divorce, £255 for financial application) unless you are exempt (form ex160 to claim exemption for low income.)
If it is a fault based petition you can seek an order that he pay your costs. If you are unrepresented you can claim the court fee (unless you were exempt) any reasonable fees for legal advice, and your own time at £18 per hour. Many lawyers don't know litigants in person can charge for their time. CPR r46.5.
It is rare for costs orders to be made in financial proceedings, as the usual rule is parties pay their own costs.
I've already paid the £550 for divorce. I ticked that I want to claim fees from him.
His solicitor is querying it, as the money came from holiday savings. Which he says was his money.
I haven't disputed that.
But worried if I confirm his money paid for it. It may stop me being able to claim any future fees?
I am going to try to represent myself, as claim tax credits, not exactly rolling in money now. I've paid £100 for an hr, to ask solicitor advice, as I need it.
Did you claim fees exemption? Complete ex160 and send to court, you might get some or all of the £550 back
No as even though I claim tax credits, with my maintenance I'm over the qualifiying amount 😕
Don't really mind though as the money I used was from our holiday savings, he wanted it back, I said no, anyone would think I'd took his kidney or something x
I am in the same boat. I had the first hearing today. I am self representing and ex is represented. There is some very helpful information here thank you. We have a declaration of trust and I'm hoping this won't be upheld. We have married and had a child since. Also the DoT is in percentages rather than protecting the deposit my ex put in which I don't feel is fair. I naively signed it.
I am currently going through a very difficult divorce with my stbxh. We have 2 kids (6 and 3 almost 4) and due to not having any more savings left, I have had to fire my existing solicitor and will be representing myself if legal aid doesn't work out. We have had the FDA for financial proceedings and because of my dreadful ex, he is now trying to claim 50:50 custody of the children. I have looked after them full time since birth, doing my own business on the side. He works in the city at a bank, earns a lot of money. Still not paying any maintenance but CM working on it. Terrified of representing self, but can't bare to throw more money at solicitors who don't do anything apart from take my money. Can you tell me if your Litigant in Person worked out and if so, do you have any tips please? Many thanks x
My FDR was a shambles. Maybe 10 to 15 minutes of time with Judge, but had to hang around the Court all day. I remember on another thread the Legal people saying that FDR's are booked at 3 per hour and there is no way any meaningful recommendation can be made in that time.
Judge made a silly recommendation for Joint Lives Spousal Maintenance which Ex hung on to for dear life. Her Solicitors even quoted the FDR Judges comments in further communications with the Courts and also Ex quoted at the Final Hearing.
However, FDR is a step that can't be avoided if Parties don't settle beforehand. Settle amicably if you can otherwise a fortune will be spent on Legal fees. Sometimes unavoidable if one or both the partners make the Divorce into a contest. On the plus side Courts can award costs against either of the Parties if they think they have been obstructive.
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