Hello and thank you for replying!
Ok, nothing very easy here...this will soon become complex so be prepared! I am going to try to answer @HelloBrass first and will need to answer @greenberet after as I am needing to go out in 10 mins...
HelloBrass says:
I'm not sure what you mean by "undeclared litigation in the family court". Could you explain more?
Good question. What I mean is that litigation is what is called a 'reserved' activity which means special rules have to be followed. It is not what the family court is set up for. It is a commercial activity where 2 opposing sides have a dispute of a business nature and are obliged to try to resolve the dispute without going to court.
Anyone who wants to correct me on any of this do feel free! You may want to do your own googling on the matter but this is helpful and I have put some extracts from it here:
www.allaboutlaw.co.uk/stage/areas-of-law/litigation
Litigation, or dispute resolution as it’s also known, involves assistance with disputes and claims which may arise in the course of any commercial transaction or deal.
Such matters could arise between different companies, or between companies and individuals.
Issues which fall under litigation can range from contractual matters, banking transactions and fraud, to mergers and acquisitions, regulatory mechanisms or competition, corporate management and restructuring problems.
Why is litigation important? What does it involve?
Often when people think of litigation, they think of lawyers taking claims to court or defending claims brought against their clients. However, due to the cost and damage to business relationships that occur during court battles, dispute resolution is often used.
Litigation is subject to frequent changes and developments over a period of time.
Here in the UK, there are growing trends of American style class action suits, protests against the escalating costs of litigation, third party funding and a noticeable growth in the number of solicitor advocates.
So, what I am discussing here is that an American style loan funding system which has only ever been used in commercial civil courts where investors may put up the money to 'back' a case which they think has prospects of success. It is high risk gambling because they lose their money if they don't win.
This model has invaded our family courts with Legal Aid going down and so there are now loan companies operating in tandem with solicitors to offer litigation loans to people in divorce.
What I am saying is that normal ancillary relief proceedings would not be seen as litigation because litigation has to follow certain protocols.
I think there are lots of people out there whose divorce finances have been affected by these loans which have extraordinary terms to them and where the investors and loan companies charge the assets in the divorce.
That means they have laid claim to them and so you are not just dealing with you, your soon to be ex, what you own together but it has now become a tussle between multiple parties.
I believe these loan structures can be used by a spouse to unfairly get something or to cause harm. Equally I have seen the other side of the coin where the person taking the loan is being abused and massive legal bills are being run up.
Hope that helps for now...must dash but will come back later and answer greenberet