Final hearing for Divorce

[wakeupsmelltheroses]

Hi all, Looks like I am headed to go to court for the 3 rd time for a final hearing . Can anyone advise what is likely to happen or have their own experiences ? I would very much like to hear from you . Thank You

For the divorce itself or for financial remedy? Self represented? What are the issues?

Each case is different so a little more information would help find if people have similar experiences.

@ collaborate its financial remedy . Can it last all day ? I had a barrister for first 2 but regretfully used all my savings up on that . I will either be self represented or hopefully a pro bono barrister . Its just an indication of how the day will proceed etc.

To OP. My Final Hearing went as follows. I was Applicant for Divorce, but wife was applicant for Financial Remedy. Open offers were to be exchanged at least 14 days before the hearing. My Ex submitted her Form E and an unsigned open offer on same day as hearing! Judge did not like that and considered adjourning the hearing at Ex's cost. However, as it had taken almost 2 years to get to Final Hearing I suggested to my Barrister that we accept the late submissions and Judge would hopefully take Ex's behaviour into account. Judge agreed, but was very critical of Ex's Barrister. However, Ex's Barrister had only been appointed 2 days before the hearing so was unable to comment on why Ex's solicitors had not complied with deadlines and had not signed the Open Offer. Ex's Barrister then made opening statement and outlined the case and what Applicant was seeking as settlement. My Barrister then made opening statement and pointed out that I had fully complied with all Court Procedures, completed Form E on time and had made several offers before and during the application by Ex for Financial Remedy all of which had been rejected without explanation or even a counter offer. Barrister also pointed out that Ex had 3 cost orders against her for aborted MPS hearings. Ex then goes into witness box and was question by my Barrister about her failure to provide bank statements as directed at FDA 10 months earlier. Ex tried to argue that Bank had ignored her requests. Judge asked for evidence that Ex had actually requested the documents and evidence of follow up reminders to bank. Ex replied that all her requests had been verbal. Judge did not believe it by look on their face. Barrister then asked about Form E and Ex's expectation of Joint Lives Spousal Maintenance on basis that she had had a Chronic Back Problem for 9 years that prevented her from working which ex had letter from Local GP to confirm. However, wording of letter was that Ex had complained of a Chronic back problem. Barrister pointed out to judge that Ex had not been in the UK for 9 years so obviously GP letter was self reporting as opposed to diagnosis. Best bit was Barrister asking how she had Gym Membership for several years as evidenced from the Bank Statements I had provided. Ex stated that I was the one who attended the Gym. Worst possible answer as Bank Statement showed name of Gym which was for women only as my Barrister pointed out by looking up website on his tablet computer! Judge cautioned wife that she was under oath. Ex's Barrister intervened and requested a recess as realized Ex was getting herself into trouble. Judge asked if my Barrister agreed which he did. After recess Ex's Barrister stated that Ex was happy to accept the first offer I made before Ex had applied to the court. My Barrister objected and Judge agreed on basis that if offer made before courts became involved was acceptable it should have been accepted at the time. Outcome was that Judge rejected Ex's application for Joint Lives Spousal Maintenance on basis that was under 50 and on good health and had a Job. However, due to difference in earnings Judge awarded Spousal Maintenance for 2 years as by then child would be 14 and Ex could work full time. Capital settlement was based on my Open offer less my legal costs for Ex involving courts, but a last minute wanting to accept offer made almost 2 years earlier. I never went in the witness box at all. Basically Ex hung herself and lost a lot of money in the process. Money I would rather have seen go to Ex and child as opposed to Legal, but Ex made it a contest and paid the price.

I had a barrister for first 2 but regretfully used all my savings up on that

Can your Ex not pay your costs? Might sound silly to pay the other Parties costs, but any financial assistance provided by Ex will be reflected in the Financial Order. Final Hearing can last 1 to 2 days.

To get to Final Hearing and not have representation would scare me even though I work in Claims, Litigation and Arbitration in the Construction Industry. However, Family Law is an entirely different subject.

Not sure how self representation would work. You would have to prepare your own opening statement, ask your ex questions, make a Final Statement. I think that would be difficult for a Non Legal Person.

Final Hearing is meant to be just that - FINAL. It will be a life changing event so you should have representation. Borrow from bank, family or friends if you have too. However, stay clear of the loan shark companies

Good luck.

@missedtheboat.

Thank you for your in depth reply . It is highly appreciated from an own experience point of view.

for me , I am 50 years old . I am on ESA , PIP etc . I can not work due to medical reasons . Ex was pushing for me to get a job and did not believe me despite all my relevant paperwork.

I have paid all I can for the first two hearings . I have complied honestly and accurately . He earns 150k tax free and I am on benefits . He has a lavish lifestyle with OW and I struggle day to day with bills etc . I do have 2 older DC at uni and a 15 DD . My sol said I had no choice but to go to court to get a financial remedy .

There is no FH but a property his mother lives in rent free . He pays the interest only mortgage and I was advised to put my name on the home rights deeds(best sol advise ever). EX does not want to sell it but judge said there is equity . EX does not want to get another mortgage. No mention of a remortgage.

There is no pension , no other assets and no savings just his good monthly salary and bonus yearly.

Ex was recently made redundant (this is the second time first was just a year ago) Ex has spent all the redundancy on flashy new RR and face lift ! Also his legal costs and 2 Barrister for himself and his mother as an intervenor.

Ex will not pay any legal costs and I have already had a loan and borrowed off my mum to pay for everything so far . The sol will not let me pay after settlement . Thus, I am struggling ,if we go to final hearing which is about 6 months away to fund a 2 day hearing and be self represented . I just want to hear if this is possible.

Thanks

Has your ex made an offer? Is his salary recent as seems strange that there are no assets.

What is current housing situation for you?
Does your solicitor believe its worth going to FH?

Yes Ex made an offer ;

Rent for 6 more years till youngest is finished uni

Money in instalments over 4 years

His life assurance till maturity

Remove my name off his mums / his property

As he works abroad it’s up to him to sort a pension privately but none has been done .

Sol said it will be expensive for final hearing but what can I do ?

To OP

You say Ex was recently made redundant and spent all the money, but somehow he can offer to pay rent for 6 years, pay installments for 4 years? Sounds odd and possibly there is money hidden outside UK?

Sol said it will be expensive for final hearing but what can I do ?

My Final Hearing was scheduled for 1.5 days, but was over in half a day. Costs were:

My Barrister 2K

Ex's Barrister fleeced her for 8K.

So yes it will not be cheap.

@missedtheboatagain

Yes made redundant in June but seems to have found another job.

The proposal was made with in regards to having another job I believe to make this happen.

The instalments were over 4 years and to be out of his annual bonus (I find this most strange ) How can he predict how much bonus and if he actually will get this ?

If non payment and he rescinds on this ;I will have to drag him back to court costing more money .

As there is no family home he wants me to continue renting till youngest is 21 then it stops . If he loses his job again then what ?

I have asked for SM for joint lives due to my disability and earning potential which is zero.

I meant to add FH sold in 2008 and then the cash transferred to an offshore account.

EH said all monies after paying off mortgage has been spent .

Sol said he has not disclosed any offshore on Form E but we cant prove anything - Tough luck in other words!

I meant to add FH sold in 2008 and then the cash transferred to an offshore account

If assets were sold or disposed of in 2008, 10 years ago, possible that the Courts will ignore as I seem to remember in my case the Barrister stated that assets disposed of 3 years before Divorce Petition was filed were ignored?

EH said all monies after paying off mortgage has been spent

Might be true and again it is 10 years ago.

Sol said he has not disclosed any offshore on Form E but we cant prove anything - Tough luck in other words

If house sold and money moved offshore 10 years ago that will be very hard to trace even if it still exists?

I have asked for SM for joint lives due to my disability and earning potential which is zero

A disability that prevent someone from working is a valid argument for Joint Lives SM. However, courts will also look at the needs of your Ex. If after he has paid all of his own essentials (somewhere to live, fed and clothed himself, travel costs for work) he has very little or no disposable income then courts may not award SM at all. Courts would make an order that plunged the paying partner into hardship even if the other partner does have genuine needs. At end of day you can't take what someone does not have.

Get the feeling your ex has planned this for some time. Selling house and moving money offshore 10 years ago without sharing the details with yourself sounds suspicious to me?

That should have been

"would not make an order that plunged paying partner into hardship"

@ missedtheboatagain

Thank you for your prompt reply.

Its refreshing to get a male perceptive on my financial matters and I respect your advice.

We moved abroad in 2006 .

We sold the FH in 2006

I trusted my EH 100% with regards to our financials and was aware it was put off shore (big mistake)

In 2011 after 3 different operations and then diagnosed with a brain tumour I returned to the UK as a temporary solution and went into rented with the children EH continued to live abroad . Told the children we not splitting up etc but they knew I was very unwell.

We were married 18 years together 24 before he left me for OW In 2013. Still trying to divorce in 2018

EH earns fabulous money 150K tax free but is a terrible spender he really likes to spend it where I am more cautious.

OPs 2008 sold FH

EH earns fabulous money 150K tax free but is a terrible spender he really likes to spend it

That might go against him. If ex is on that sort of money and you have disability that prevents you from working Spousal Maintenance is definitely worth pursuing.

I am definitely pursuing SM which I will need .

As for my housing needs I will get rent paid for 6 years then what ?

It looks like either I use the lump sum payment to fund this after as there is not enough to purchase a property outright where I currently live or move 300 miles away from friends and family to do so .

@missedtheboatagain

Could you recommend what solicitor or barrister you used and at which point were best times to instruct them. I intend to represent myself, however my exH has said he will contest financial mediation and rather go thru solicitors to ensure he racks up costs so i wont be left with anything. You sounded very reasonable and appreciate any advice. With thanks,