Settlement offers advice

[Clarasaden]

Hi, I'm self repping and have received all documents late or not at all from the other side. With just a few weeks before FH i have received an updated disclosure, a without prejudice offer and an open offer all together plus saying that I am using the court unnesacarily if I dont accept and go ahead to final hearing.

I am wondering if this is tactical as I thought you went through without prejudice negotiations first before any open offer letters which the court can see are sent so I feel really under pressure.

Obviously need time to digest the disclosure too.
We have an extra directions hearing just prior to the final hearing as some time back I applied to the court due to the way the other party was dealing (or not dealing) with the court ordered directions so in a nutshell we have an fda in 2 weeks time, a final hearing in 4 weeks time and I have 7 days to decide about this offer! I'm absolutely terrified about going to court with no legal assistance but I don't want to panic and accept it a rubbish offer if they are trying to trip me up.

They are also saying its a short marriage, only 4 years but we lived together over 20.

Would so much appreciate any insight, we are a needs case, not loads of assets to divvy up.

i cannot wait for this horror to be over, its the worst thing ive ever encountered

Thanks everyone x

I'm sorry you're in this awful position OP.

This is what I have found that may be helpful:
Judicial discretion makes predicting what a judge would, and would not do pretty impossible to predict with any certainty.

Solicitors therefore can give widely different advice without being technically wrong. This makes it really really hard to know what to believe.

My barrister was a million times more helpful than my solicitor, he was more clear, more blunt, more clued up than my solicitor. I'd live to consider stopping using solicitor, doing their bits myself and keep using the barrister. Unfortunately as my barrister was instructed by my solicitor I can't do that....

So I do think a good direct access barrister may be well worth the money and in fact they are cheaper than a solicitor in terms of value and the difference they make.

The courts expect parties to make and consider offers. However, they take the view that until financial disclosure is complete this is not necessary. So, unless you are satisfied with each others financial disclosure I don't think you need to consider any offers.

The purpose of the FDA is to establish whether you are happy with each others financial disclosure and if not for the judge to rule what orders are needed to achieve this (eg house survey to establish value, or pension actuary for certain parison values), and to rule which questions need answering from your respective questionnaires.

You'll then need time to get any reports done, answer questions and consider the responses.

Only after this can you realistically consider offers.

I am confused as to how there can be such a short time between the FDA and FH (and where the FDR is in all this). I don't see how you can be expected to get the work done in that time and consider offers.

Oh k think I mistyped. We had fda/fdr in one go but because I wasn't receiving any of the directions from the other side I requested another directions hearing, just happened to get a slot right near FH
Other side are saying it's not worth bothering with but I expect they don't want to pay or get caught out with anything. I might have to do that one myself and save any funds I can raise for the probably more involved FH.
They are saying I'm wasting judicery time and the ir clients money but I wonder who is the reason we're here in the first place. I honestly feel like I'm going to have a breakdown before long.
Surely if court didn't think I had a point they wouldn't have listed it?