Can financial settlement be reached before fact-finding in family court?

[Darkershadeofpink]

Can I settle at FDR soon (weeks away) before a Fact Finding (November) please? The FF will affect whether he will get overnight contact. Kids are 9-15 and don’t want to see him.

I am finding this difficult. Ex husband has spent all our money and I am unwell with cancer.

I am struggling to do the schedule of deficiencies and know where to live. I have cancer treatment here and children.

Is it worth pushing ahead with paperwork then getting a DA Barrister to represent at the hearing?

I’ve had no advice and feel so traumatised.

Would a Judge give an indication or shall I save money and wait until after Fact Finding? Thank you so much.

The only obstacle to agreeement is lack of consensus.

I am interested in what the judge would do in this case. Thanks

If you and your ex reach an agreement, you would put that forward as a consent order and the judge would approve it unless it was unfair, unclear or does not meet the legal requirements.

the judge will still give an indication... if i were putting forward your case it would be on the basis that ex is having no overnight time (or any i'm assuming) at the mo so he has lesser housing needs. i suppose it depends on the seriousness of the allegations and how likely it is ex will have findings made against him.

i'm a solicitor and had this situation very recently - fdr took place last autumn and ffh in dec. at fdr dad wasn't having overnight time with kids (he still isn't, findings were made against him) and judge was with us in that mum had greater housing needs.

if i were your ex i would be seeking to adjourn the fdr on the basis that child arrangements are yet to be determined and will need to inform the financial settlement, but obviously that isn't in your favour. if i were you i'd be going to the fdr and trying to reach a settlement there.

Thank you so much stargirl. This is my exact concern and it’s reassuring to hear it will go ahead and could be also in my favour. Thank you