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History: Home UK Divorce Forum
Topic:
Financial settlement (13 Posts)
Started By:
Date:
30 November, 2017 10:55PM
Financial settlement
ch - 30 November, 2017 10:55PM
I found out today that the court did not advise me of the ancillary relief hearing and so I missed it: I have lodged a complaint to the court but now am worried that I will not be able to have a more 'informal' hearing and we now move to the Financial Dispute Resolution hearing. I do not have a solicitor: I could no longer afford one and when I did I found that they were costing a lot of money for not a lot of work to move the financial resolution forward.

When I search for information I cannot find any guidance to my circumstances: how should I set out my 'concise narrative statement' with the factors under s25 of the Matrimonial Causes Act'?

My husband and I married in 2005, separated in 2013 with no children, he delayed the divorce and would agree finances then change his mind, and I am now worried that he can claim on my pension, will push for half of all. We are both in our late 50s. He is self employed, I work part-time, I care for my grandchildren 1.5 days per week.

What are my realistic options and how should I word this to the court?

thank you
C



Edited 1 time(s). Last edit at 02/12/2017 05:08PM by ch.
Re: Financial settlement
ch - 10 January, 2018 09:34PM
Positive feedback: I asked the court for a list of all documents filed and sent in relation to the case and they have provided a long list showing the date the form was filed from me stating that I no longer had a solicitor acting for me and the very next day the court sent the hearing date letter to that very same solicitor! Thankfully this shows that I was not informed of the hearing and that is why I did not attend and I cannot be responsible for the court costs.
Re: Financial settlement
davidterry - 11 January, 2018 03:07PM
This type of thing can easily happen when you choose to represent yourself. There is nothing stopping you representing yourself but when you do it is important to understand that you alone are then responsible for how you deal with your case.
Re: Financial settlement
ch - 11 January, 2018 03:31PM
Hi, yes although I cannot be responsible for the court sending the documents to my ex-solicitor!
I just thought this was worth posting as others may find it helpful to know that you can ask the court administration team questions, they will answer and the answer can verify that documents were not sent to you.
Personally I may have been charged the court fees for nonattendance but now I can verify that I was not informed of the hearing date.
Re: Financial settlement
davidterry - 11 January, 2018 04:56PM
>>I cannot be responsible for the court sending the documents to my ex-solicitor!

I wouldn't be so sure of that. There is a form to file when you change solicitor or when you decide to dispense with the services of a solicitor. And if you know there is a court appointment due it is usually regarded as prudent to check if a significant amount of time has passed without hearing anything. Of course, a litigant in person does not necessarily know how much time is reasonable but if in doubt it is usually safer to check.
Re: Financial settlement
ch - 11 January, 2018 08:47PM
Yes I filed the correct form in a timely manner
Re: Financial settlement
davidterry - 12 January, 2018 12:19PM
Possibly but you overlook something. If you send something to the court on say the 20th and the court sends out something on 21st you should not assume that what you sent on the 20th will have reached the court file by the 21st. Courts take time to do most things.
Re: Financial settlement
Andyk - 12 January, 2018 12:55PM
davidterry Wrote:
-------------------------------------------------------
Courts take time to do most things.

Especially Bury St Edmunds.
Re: Financial settlement
ch - 12 January, 2018 05:55PM
No I sent it a week before it was actually recorded & then the court sent out a letter the next day. All the details are recorded at the court and the list has been sent to me confirming this.
Re: Financial settlement
davidterry - 15 January, 2018 10:28AM
Fair enough although the fact remains that there was a court appointment and you missed it. Arguing with the court about whether you should pay the costs wasted as a result of that does not really help resolve the issues between you and your spouse. It is a needless distraction.
Re: Financial settlement
ch - 15 January, 2018 05:41PM
Hi, thanks for the advice although I do not, nor do I intend to, argue with anyone - life's too short!
Re: Financial settlement
davidterry - 15 January, 2018 07:13PM
>>I do not, nor do I intend to, argue with anyone

You would have to if the court made a costs order against you as a result of you not attending the court appointment you missed. Such a costs order would be normal.
Re: Financial settlement
ch - 21 January, 2018 12:03PM
Hi, as I have never received the divorce fees that the court awarded me, could I if necessary, suggest these costs are offset against any costs that may be claimed against me?
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