Offers before final hearing

[Mumof3confused]

Me and my ex didn’t have to do the 21 days offer due to an expert report needed. We are now due to exchange final offers at the end of this month but the expert report won’t be done in time. This may be beside the point slightly side drom
yhe fact that we don’t have all of the info.

Someone said to me that the judge expects you to submit a more generous without prejudice offer as well as the open offer. I’m so confused about this. What strategy should I use?

He earns more and is an arsehole, has taken loads of joint fund and used for himself. Doesn’t contribute towards kids costs. Doesn’t share any of the child benefit (he claims it all).

During FDR I offered 50/50, he turned it down. His offer was basically everything to him. he offered me £50k as a ‘gesture’. Out of £200.

so confused about this and the implications in court ie being left with chia coats. Would you genuinely be hit with the other party’s coats if you’re the weaker party and offered 50/50

Well it’s unlikely but anything is possible and the problem with going to court is you are left at the will if the party judge. It can work out well but can also not go well

how much weaker are you ?

Eeek that spelling! Should teach me not to post late at night as I’m heading to bed! That was meant to say ‘left with the other’s costs not chia coats!

What do you mean by how much weaker am I?

I’ve tried offering him more (an investment property) but he still wanted more, the property has now been sold. I’ve made generous offers in the past. Even our mediator told him my offer was generous. He’s just hell bent on destroying me. His side made up so many lies at the FDR. About what I’d said, about my qualifications. Literally everything. They basically claimed I am Cruella de Ville.

What I need to understand is, how should the open offer differ from any without prejudice offer at this stage?

I suspect if it goes to court I will get 50% or perhaps a bit more than 50% because my income has recently dropped due to no fault of my own and I am on Universal credit trying to get back on my feet.

I am self representing but will have a barrister (and will have to take out a loan to afford it).

We both already have a house and a car each, similar value.

Sorry have you had your first appointment and the second Fdr date? At the 2nd they give a strong indication of likely outcome if it goes to final hearing?

The FDR was wasted unfortunately, the judge wasn’t really able to give any indication.

You mentioned you are the weaker party
my question was in what way and how

you will be assessed on needs and your assessed ability to earn a max income not what you necessarily have right now

it’s unusual not to be given an indication at fdr tbh

how far apart are you in offers at this stage in £ terms rather than %

It’s complicated by the fact that I have a business and the industry is now in free-fall due to cost of living crisis. I used to have a second job but that industry has also been severely impacted by worldwide events which means that 75% of freelancers are out of work.

I am currently on UC and earning (with UC) about half of his income - not taking into account the child benefit.

My business did very well during covid but now that need has gone away. We are awaiting forensic accountant report for this reason, looking at my income. The reason being, the other side had not raised this previously but during FDR suddenly said they need a single joint expert.

Like I said, we each have car and house. Just savings now to divide. I’ve offered more than half.

To complicate matters, I was not on UC at the time of FDR 9 months ago. Business was starting to struggle but I haven’t used this as part of my argument previously as I was not interested in more than 50% or maintenance.

HE was walking for capitalised spousal maintenance at FDR because apparently my qualifications means that I can go and earn 6 figured in the city tomorrow. They completely dreamed up qualifications that I don’t have! The judge rolled his eyes a bit but didn’t really say anything. He just wasn’t interested once they said my earning potential is astronomical and ordered a SJE report. I’ve never earned more than him, ever.

And while I’m here ranting about this, as a litigant in person, I think his solicitors used this to their advantage to like their own pockets. Why else would they wait til FDR to call my income into question?

We are literally dividing up £50k! I tried paying him that from the outset just to make him go away but he keeps asking for more money which he believes exists. It doesn’t, and I am now having to pay towards a SJE who will only confirm what is in my company returns. The business is simply me.

Doesn’t the other side have to pay for forensic accountant? Most people realise with small businesses that valuing a small business is v difficult, your ex sounds unreasonable pursuing this.

Well we each pay half but I’ve already spent about £2k on my own accountants as they’ve been replying to solicitors letters for 18 months already. The forensic accountant is only going to confirm what my accountants have already said.