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What to expect 2nd FDA court appearance?

(13 Posts)
2hearts1970 Wed 07-Feb-18 12:35:11

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?

Ty.

Angrybird123 Wed 07-Feb-18 16:14:00

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?

2hearts1970 Wed 07-Feb-18 16:22:16

No i have a solicitor, but it is racking up in costs.

MrsBertBibby Wed 07-Feb-18 19:43:48

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.

RockPaperCut Wed 07-Feb-18 20:04:55

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.

awishes Wed 07-Feb-18 20:14:48

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!

MrsBertBibby Wed 07-Feb-18 20:42:23

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.

mrsplopper Sat 17-Feb-18 09:45:13

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

MrsBertBibby Sat 17-Feb-18 10:36:53

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.

mrsplopper Sat 17-Feb-18 16:16:36

Thanks!
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.

MrsBertBibby Sat 17-Feb-18 17:22:16

Did you claim fees exemption? Complete ex160 and send to court, you might get some or all of the £550 back

mrsplopper Tue 20-Feb-18 20:30:48

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

Thelastlaugh Tue 20-Feb-18 20:51:40

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.

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