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History: Home UK Divorce Forum
Any advice for Final Hearing (5 Posts)
Started By:
01 August, 2017 12:55PM
Any advice for Final Hearing
Jay13 - 01 August, 2017 12:55PM
Hi I have been following this website for a long time but this is the first time I have posted (I have now registered). I have been fighting divorce for 3 years, have been to FDR and my STBEX was obstinate, stubborn and unreasonable. Some advice please as I am going insane. My 2/3 day Final Hearing was cancelled day before due to 'no available judge' leaving me with an £8000 Barristers bill to pay for cancellation + additional costs for new date.. I now have another date in four months time. Brief details

I owned the FMH before I met my ex it was always in my name
He moved in we had a child and married
I have always worked.
My STBEX had an affair with somebody from his past for around 6 years at the time we split
My STBEX had debts of around £25K when I met him I paid them off via savings
Due to his excessive social life and drinking he racked up more debts
I had to take out loans, Credit Cards etc in my name to pay off the debts,
We purchased another property (abroad) and borrowed money from my parents (they remortgaged their house), together with a large deposit from the sale of a property I had which I rented out, repayments were made from joint account until we separated, I had to then take over payments and have done since
I have maintained payments of all debts (they were around £50k when he left) + parents debts
I sold the previous house and down sized. All the equity was paid into the house but due tot he financial mess I was left in I couldn't get mortgage, STBEX offered as he was by then clear of debts, so mortgage put in his name as I was desperate to move away.
STBEX from time we moved in has tried to get me and my daughter out of house.
He paid mortgage in compensation for the amount I was paying to the debts but then stopped 2 years ago and hasn't paid a penny since, he also didn't tell anyone in the hope the house would be repossessed.
My daughter lives 100% with me and rarely sees him, he pays minimal towards her
I work full time and earn more PAYE although he earns fortunes cash in hand
Our savings were in his name which have been depleted, he has had many holidays, cars etc (around £35,000)
At last hearing he wanted 50% of equity, he keeps pension, he keeps remaining savings and pays minimal to our daughter. I on the otherhand have 50% of equity but I have to pay back £80K to parents and also pay off debts, no pension and have 100% custody of our daughter. The equity is probably around £180K. All in all I end up in minus figures and he ends up with £90K + £100K pension. Obviously this never got settled at court and even the judge told him he was being unreasonable but being pigheaded and greedy he has pushed this to final hearing. My costs are over £35K. Any advice please. (For information my offer is I keep house (the equity was all mine in anyhow) I can get mortgage to take over, I take over debts (I need to ensure they are paid) and receive the minimum amount of Child Support so I have been reasonable.
Re: Any advice for Final Hearing
Bubblegum - 01 August, 2017 02:44PM
Did the barrister give you any of the fee back? The refresher maybe? Can you or barrister be compensated by HMCTS for the vacated hearing costs? I'm sure they should compensate for this??
What do you mean by "agree to minimal child maintenance". It's unlikely the court would make an order regarding CM as it doesn't usually fall in their jurisdiction. You should work this out according to the CMS calculator tool.

Would the money borrowed from parents be considered a soft loan rather than an actual debt?

Edited 3 time(s). Last edit at 01/08/2017 03:23PM by Bubblegum.
Re: Any advice for Final Hearing
Jay13 - 01 August, 2017 03:27PM
The feedback was it very much depends on the judge on the day, however, I do have confidence in my Barrister its just a shame that I cannot afford to do meetings with her and the delay in the court hearing has caused problems as other issues arise. We went for Directions 12 months ago. However, the judge at the FDR did state it is unlikely the loan to parents will be classed as soft loan as repayments have been made for 10 years and all though the proceedings it was referred to as a loan, it is only the last few months the reference has changed, I presume therefore it could be classed as a contract although not formalised (we didn't think this needed to be done at the time). The STBEX is now stating that it be taken out of my inheritance from my mother as he is now trying to play the 'it was an advance on inheritance' card. He has even asked for my mothers estate to be valued although she is very fit and well, this hasn't been done or agreed to. She will be a witness at court. I understand we can not claim for vacated hearing costs. The CSM sorry I meant I am only relying on CSM payments, no other monies or help with childcare.

The main thing I really want is my home, the money was mine before I met him which I invested into my home before I met him. He still works and earns £3500 + per month although some of that is cash works so not declared. He is unable to manage on that amount even though he has no mortgage, rent or bills to pay, he lives with his partner although will not confirm this. I have managed paying mortgage, bills, loans, debts and all living costs. My daughter has already moved to the downsized property and has had to make new friends, change schools, I really don't want to have to move her again. I was just wondering if anyone else had a situation similar.

Edited 1 time(s). Last edit at 01/08/2017 03:30PM by Jay13.
Re: Any advice for Final Hearing
Bubblegum - 01 August, 2017 04:02PM
Was it a direct access barrister? Would they not consider giving you back the refresher fee for day two and day three? Check your t&c's - seems very unfair! I hope she is not charging you £8k again for the relisted hearing.
Re: Any advice for Final Hearing
Jay13 - 02 August, 2017 07:29AM
No it wasn't direct access and am only being charged £2000 per day for the further trial. However, it does seem that the court can get away with it and not be liable for any of the expenses incurred. I must admit I am disappointed in our legal system, the monies spent on divorce costs is ridiculous. I do hope I do not have to go through this ever again. I am sure I am prepared I have been very articulate in ensuring that every document and piece of evidence is in place before the final hearing, but reading some of these posts I wonder whether it is worth it as it seems that sometimes the judges don't even read the information presented.
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