Hi there
just when I thought this nasty matter was over, here it creeps back again.
My husband took me to financial remedy against my wishes over the last 2 years. I offered him 40/60 split out of court. He refused and continued with court. I represented myself. He paid a lawyer £25,000 and the result was a 37/63 split. Yes I got more than I asked for!!!! Final hearing was in February 2015 and I complied exactly with the court orders. My husband failed to comply with a single court order, handing me all his docs and financial disclosure between 1 month and 6 months late. I never got full disclosure, but it was enough in the end to get me the 63%, despite asking the judge for 60%.
Now here is the revenge bit. I was ill this time last year. I apparently failed to attend a hearing. However :
- I don't live in the UK and I was NOT served with notification of this court hearing - a prelim, the first financial remedy hearing
- If I'd actually been notified of the hearing, I still would have been unable to attend because I was at the time, post-op after emergency surgery only a few days earlier, so was being looked after by community medic and off work on a sick certificate.
Today the bombshell. This hearing I didn't attend and I didn't know about until several months later, my husband has now asked the court to make me pay costs, a bit under £1000, which he was apparently awarded, as I failed to turn up, as I didn't know and even if I had, could hardly be expected to travel.
I had already submitted the medical proofs, the bill for the emergency surgery, dated photos of the surgery wounds, sick certificates for work, a statement from doctor saying I should not travel in my condition. I did this as soon as I heard about the hearing I failed to attend.
I have been asked by the judge to justify why I should NOT have to pay these costs. I have cited the 2 reasons above.
I am however not a lawyer. I know nothing about law. Will this be sufficient? Do I have to fill some forms in? Do I have the pay to tell the judge my justifications? Do I have to quote case law?
Sorry but the court staff are particularly unhelpful and frequently fail to pass on my emails and letters to the judge. About only 10% of correspondence has been replied to. They almost never acknowledge the emails and letters have been even received.
Am I doing it right?
Any advice appreciated. Thanks.