First Directions Appointment (FDA)

[wombat13]

I thought I would post my experiences of a first directions appointment 1 (FDA) as it was conducted without a solicitor acting on my behalf. I was quoted £2,000 plus VAT to read the financial documents and attend the FDA, with approximate £1,500 plus VAT for potentially each of the next two appointments. I couldn’t afford it and therefore I didn’t employ a solicitor to act for me. No children are involved; we are both retired, with my wife having a private pension and me just having a state pension. Although I think it is very straight forward it is now over two years since the divorce started.

The court hearing was the first one of the day at 10.00am. We eventually went into court at just after 11:00am. I had filed all the relevant documents on the court dates as stipulated which my wife’s solicitor had failed to do, as the solicitor was late filing them. No apology offered by the ‘judge’ for the late start, just criticised me for not using the time to discuss the issues with my wife’s solicitor, as if I knew when we would get called into court! I think the ‘judge’ took an instant dislike to me as I didn’t have a solicitor present so she had to talk to me! Anyway the ‘judge’ ignored the document order my wife’s solicitor had put together and just went through the questions document. Firstly, it was mine which once again I was criticised for as I had not put the ‘questions’ into a question format therefore most were ignored! Next, it was the long list from my wife’s solicitor, in my eyes most were ridiculous as they were continually asking where I had spent money even to the extent of my mother’s estate on her death in 2003, which I was pleased to see dismissed as I thought it was distasteful! Basically it was a document to victimise, bully and intimidate me, which succeeded really as the ‘judge’ allowed my wife’s solicitor to keep most of her questions in, even to the extent of having a question re-instated when my wife decided the ‘waterworks’ treatment would get some sympathy and fair enough it worked as I was definitely the bad boy. The ‘judge’ even criticised me for wasting my money, as she had 32 years of practicing family law, so that was okay then! I thought that a ‘judge’ was supposed to be non-committal and fair but obviously I was wrong! That was all, so I had a list as long as my arm and beyond to sort out and my wife had relatively nothing to do.

Well after being treated like a errant schoolboy especially after making efforts to complete and file the documentation on time, which has largely been dismissed, I have decided that it is rather pointless to make any further effort as it won’t make a blind bit of difference ultimately. Basically I am not going to do anything but attend the next FDA 2 on the 14th December, which will probably result in me going to prison for contempt of court but I will post an update if I can.

Hopefully this might help other people to appreciate the difficulties they face if they don’t join the ‘club’ of employing a solicitor.

[MissedTheBoatAgain]

Judges can be pot luck at times.

FDA Judge for my divorce was very good. Made it clear to the Ex Wife that she as applicant was the only one that could cancel the Court's involvement and that we should attempt to settle amicably as costs would rise rapidly if courts continued to be involved.

Wife was self presenting at the FDA as she had fallen out with Solicitor No.2 after costs being awarded against her for a pointless emergency MPS (Maintenance Pending Suit).

Sadly wife did not take on board what Judge said and more significantly ignored the directions given with respect to what documents must be provided. She had not even submitted her form E at time of FDA.

A 3rd Solicitor was appointed that resulted in another Emergency MPS being pursued. Again costs were awarded in my favour.

FDR Judge was a Joke. Had max 10 minutes of their time even though supposed to get one hour. Made a silly recommendation which Wife liked as it included Joint Lives Maintenance.

Wife went to a 3rd Emergency MPS which also resulted in costs being awarded in my favour as somehow managed to get solicitors to include the comments made by the FDR Judge which is complete violation of the FPR.

However, she was prepared to continue burning money in the courts in the hope that Judge at Final Hearing would say same as FDR Judge.

She appointed a Barrister only a few days before the Final Hearing and the unfortunate Barrister had little time to get up to speed. Even told Wife that Joint Lives Maintenance was rare and in the circumstances had zero chance. Wife was under 50, in good health and had job. Plus asset split proposed by myself was favourable to wife to reflect she could never earn same as myself.

[wombat13]

It is quite ironic that over two years ago I made my wife an offer of letting her stay in the house for her lifetime and I will just leave. She turned this offer down as I wouldn't transfer the property into her name (it is solely in my name). In hindsight this was an utterly ridiculous offer by me but I just wanted to part amicable. After spending thousands on solicitors she will now be worse off, as at best she will get half of the house and I will get half of her pension and we now don't talk to each other. Unfortunately my wife has been influenced by external people including her solicitor who just wants to prolong the whole procedure to get as much money as possible out of it all!

[MissedTheBoatAgain]

Unfortunately my wife has been influenced by external people including her solicitor who just wants to prolong the whole procedure to get as much money as possible out of it all!

Think my ex wife may have fallen foul of that. Even my own solicitor said that as she was the applicant her solicitor would want it to go all the way to a final hearing to maximise their fees. Will never know for sure as for me it was the idiotic FDR that wrecked the chance of avoiding a final hearing.