Final order when ex will not co operate

[Anna713]

My son has recently attended a fdr court hearing to determine how the assets of his marriage should be divided. He is already divorced. The judge advised a 55/45 split in his ex wife's favour. My son agreed to this but his ex wife did not. His solicitor has contacted her solicitor reiterating the offer but has heard nothing although it is my understanding that both parties had to state what they proposed within 14 days. There is not much equity in the house and my son wants to avoid a third hearing because of the expense. He just doesn't have the money. He is already solely responsible for his daughter who lives with him and who has little contact with her mother and certainly no financial support. I suspect his ex wife will just not respond to any contact now. Has anyone any advice about what his next steps should be.

He needs to accept she is being non cooperative. That being the case he will have the cost of a third hearing. Where unless something remarkable happens the judge will split the assets as he advised.

He can continue with legal representation or self represent.

It’s back to court to get a judgement that’s not negotiable. This needs to be settled doesn’t it. Surprised a judge just advised months first place. Preliminary hearing? The final hearing is the decision I think.

Obviously should have been settled out of court if not much money involved.

Thanks both. Would it be advisable to self represent? He has nothing to hide but his ex was not honest on her form e. She did not produce her statements on time and it is obvious she has other accounts. Would all this come out if he self represents? Presumably he can bring it up but he is no solicitor nor would he be comfortable in a court environment. Is it possible he might be awarded costs? The only reason is ex was advised she would get 55% is because she has no income whereas my son has a decent job.

@Anna713 No. Often evidence is needed. How would it be obtained? The solicitors use forensic accountants but this costs money. Is it truly worth it. For substantial sums yes. For a couple of thousand ££ no. At some point this has to end. Your DS has the majority so I’d go down the recommended line where it’s easier to self represent but deviating from that and wanting more needs representation. Is it worth it?

He doesn't want more. He's happy with 45%. He agreed to go with the judges recommendation. It's his ex that won't settle no matter what the terms.

@Anna713 Well don’t complicate with hidden accounts then. You mentioned that. Go to court and self represent. Say he accepts 55%. Keep away from other accusations.

Please don’t comment on legal processes when you do not understand them.

OP, the whole point of an FDR is that it gives the parties an idea of what that particular judge would have ordered had he/ she been dealing with the case at a final hearing, and bearing in mind that no findings of fact were made as no evidence is tested on oath.

What happens at the FDR is entirely without prejudice, which means that the judge who dealt with the FDR is prohibited from dealing with the final hearing. Also, offers put forward, negotiations conducted and the indication the judge made cannot be referred to by anyone at the final hearing.

If the wife does not accept the judge’s indication and further negotiations don’t end in settlement, the matter will have to be dealt with at a final hearing. It cannot be avoided. As judges have a great deal of discretion in these matters, the judge at the final hearing might reach a different conclusion to the FDR judge. There is a degree of risk for both sides, which is parties reaching their own settlement is usually the better option.

Thank you. My son would love to reach a settlement but his ex wife will just not communicate. She doesn't seem to care if she loses everything as long as my son loses everything too. The judge told her a third hearing is a very unpleasant experience but she won't budge. I just wondered what the point is in a 2 week deadline for both parties to communicate if there is no penalty for ignoring it as she has done. Also, she has not been honest with her financial disclosure, as my sons solicitor pointed out, but again, this doesn't seem to matter.

@Anna713 It will do at the final hearing though. He will need proof though. Just saying it isn’t proof. The solicitor should be saying this, and providing evidence, but, to be honest, many of them won’t be trained to advocate for him in court. If he cannot afford a solicitor he will have to self represent.

Thanks. He has proof. He's seen her bank statements. His solicitor pointed it out to his ex and asked for an explanation but she just ignored the solicitor's queries.