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Final hearing about finances - what to expect

(3 Posts)
chocolatebox1 Tue 23-Oct-18 19:44:10

Has anyone here been to a final hearing about finances as part of their divorce?

In my case there aren't any joint assets or accounts and there aren't any children from the (very short) marriage.

I understand that each party is cross examined and would really like to know what sort of things I should expect be asked.

The problem is that my STBXH is asking me for money (he is being difficult for the sake of it), which he knows I don't have, but he's refusing to sign a consent order, leaving me no option but to go to court. I've had legal advice but I wouldn't be able to afford to pay for a lawyer to represent me at court so I'd have to go as a litigant in person.

I would be massively appreciative of any suggestions about what questions get asked (given that all the info about income, assets etc is on the Form E anyway).

If anyone has been in a similar situation where they are having to go to court because STBX is refusing to sign, what happened or if you somehow found a way round it, especially when talking to them isn't an option.

Thank you

OP’s posts: |
ClaireAngelaReid Wed 24-Oct-18 07:52:32

You will be fine, the judges are very kind and gentle when you’re unrepresented. If he turns up with a lawyer then I’d be talking to him/her before you go in, explain the situation and if they still go for it in front of the judge - don’t even look at stbx and solicitors direct your answers to the judge and just appear as calm and reasonable as possible

Xenia Wed 24-Oct-18 07:56:09

Does he have a lawyer who will represent him in court? That might affect how the hearing goes. If you both have no solicitors or barristers there then I suppose the court will ask how long you lived together (as a short marriage but long living together period might make it count as "long" and thus 50;/50 division of assets).

Secondly they might ask if either of you has a child from another marriage which could have become a "child of the family" to which even the step parent retains a financial obligation to support.

We reached agreement ( I paid him nearly 60% as I earn more) so I have no direct experience of these hearings. I would imagine each side gets to speak and if no lawyers represent either of you you then can ask the other person questions and the judge may ask questions too, Eg in one short marriage the wife gave up work, miscarried and did up a property her husband owned and got quite a bit of money so things like who sacrificed what might come up.

Just tell the truth (lying in court can land you in prison so it's best just to stick with the truth) and it should be fine. I suppose if your husband does not turn up and the judge suggests postponing to another time you could have ready details of how he has been told about the hearing - letters, proof etc and that he has consistently failed to engage with the whole process and that you want the hearing to go ahead as there has been plenty of notice of it and you had taken off time from work to attend. Check if you own a property your husband has not registered any rights over the matrimonial home at the Land Registry.

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