Hey Mrs C. I know you're bricking it about three day's time but keep cool and keep focused on the objectives. Write a list of what you need to achieve at FDA, which are namely getting him (and you to agree on procedural matters). Everything needs a date and a time on it.
- to get the missing credit card statement by X date, and X time.
- A formal open offer in writing (if you can, we had no luck there)
- what he says he can afford to pay via periodical payments and when. (We refused to discuss this as it's already court-ordered) and when it is to be back-dated to, and when the amount (backdated) can be paid in full by. Also the date of the on-going periodical payments. [You may not get away with this because technically it should be a separate court action. But worth a try]
- When and how he should contact you (and you him) and what can and cannot be discussed between you.
- Which questions on the questionnaire he must answer and when by
- When the schedule of deficiencies must be answered (date and time)
- When the narrative statement must be submitted and when.
- When he must submit evidence to explain how he can afford the £8,500 pilots course.
- When to file and serve updated disclosure of bank accounts and statements by X time on, e.g. mine says 7 days before FDR hearing (which I'm not now having so it's before FH)
- Mine also states that I will file and serve the wasted costs order by X date, the application for costs by X date.
- The date of the Final Hearing (or in your case the FDR) which is agreed by the judge.
Then get the wording for the penal notice (I can send it on if you need it). Both sign it and go home. Don't worry if you can't agree anything beyond the minimum because that's what the FDR is for.
So as you know, all I wanted to achieve was getting him to agree to release some vitally needed funds. We had no intention of settling anything that day because of the lack of information in form E v4! All he wanted was to be master of the universe. A few minor issues were agreed to by me but no major ones were (e.g. a review of the spousal maintanence).
FDA is literally a quick visit to the judge to explain what the issues are with regard to Form E, he will send you away to agree to undertakings and to write them out in a way that you both agree to. No doubt Mr WT will come with a load of decrees for you - but you don't have to agree to anything if it is not reasonable.
Don't let him push your buttons. Don't let him go over old arguments, this is just a stage to get him to commit to the divorce process. If he doesn't agree, you go to the judge and the judge will order it. Then do the next point. And repeat.
For example STBXH came only prepared to discuss SM. We said no. He pushed it, and SHB explained that in percentage terms, this was one of the lowest SM she had ever gotten for a client. The client was in dire financial straights, and had he disclosed this intention prior to FDA, the client could have brought with her the evidence of her financial distress. The client didn't so it cannot be reviewed. The judge agreed with my SHB that I had already satisfied the court with my SM request, and as such the FDA could not be treated as an appeal. If he wanted to appeal, then he should do so using the correct procedure (e.g. a notice in time). He didn't.
If it is reasonable, don't be stubborn because the judge will just order it anyway.
The children's bit is a separate application and so don't worry about that for now. Just focus on the FDA and getting the answers to the questionnaire ordered by the court.
Ring me if you want any help all. I'm out of the home tomorrow afternoon, and Weds afternoon. But I promise you, you'll be okay if you focus on getting what you need from the FDA and not getting distracted by his fuckwittery. Now is the time to be cool and ruthless!
Good luck - I know you'll be marvellous.