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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I want to apply review of a financial settlement hearing

Customer Question

I want to apply for a review of a financial settlement hearing with the DDJ sitting at the family magistrates court who made the decision.
The original decision was made two weeks ago today.
I put in a letter of application a week ago but the family court have made no reply and were unable to assist me in a telephone call enquiring if I had made application correctly.
Question: 1. Do I have to make the application on a particular form? If so which?
AND do I have to pay a fee? If so how much and who too?
2. Can I apply for a fee remission and is my application viewed in time if this is application for remission lodged in time?
3. ALSO What form do I need to apply for a full appeal of this decision and what fee as this has to be done within 21 days and I am now on day 14? Who do I send it to.
4. Do I need permission to appeal this type of decision? I have applied in my (above) letter to court for permission to appeal but what happens if I don't receive a reply in time to lodge appeal?
5. I can see form N161 and form D11 on line are these of any use to my applications?
thanks *****
Submitted: 7 months ago.
Category: Family Law
Customer: replied 7 months ago.
I should have added that the application ( a letter) for review was sent with evidence that factual determinations were incorrect.My grounds for appeal are:1. Hearing was based on unjust interpretation of evidential rules. Use of character evidence to wholly base applicant's case against me whilst counter character evidence (mental health records and evidence of violence) was not permitted because my wife is terminally ill. I argued it was for either or neither party.
2. That decision of settlement was based on simple error of my financial circumstances (OR taking into account new partner's income whilst denying weight of financial cost of those responsibilities associated with same)
3. That share value was incorrectly quoted by 15% to my detriment (evidence was supplied)
4. Incorrect fact. That no weight was given to new circumstances at court based solely on only being introduced at final hearing. In fact all details given to solicitor and barrister 4 months earlier on 12 occasions in writing together with instructions to let court and other party know- evidence provided - review is requested based on overriding objective of achieving fairness not on technical responsibility/ negligence of solicitor.
5. Incorrect interpretation of Form E
6. other determinations not mentioned at the hearing but order made without reference to either submissions or inquiry of actual circumstances from or by either party (which included chattels already handed over not mentioned at hearingare these grounds for review/ appeal - I am under impression character evidence once in is then for both parties cannot be denied hearing of other counter evidence.
Expert:  Clare replied 7 months ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.What assets are there and what division has been ordered?
Customer: replied 7 months ago.
My wife is terminally ill and has between 4 weeks and 6 months to live although medical evidence suggests weeks rather than months. 50-50 split was ordered at final hearing on April 25 after my wife unexpectedly filed for divorce in June 2015.
The house, where I have lived following the divorce with my new partner and her disabled child has a mortgage of £210k repayment only as insurance policies were used to fund my wife's lifestyle after she stopped working in 20012 when she had cancer. The house has been valued at £600k but the deputy district judge suggested going back for a price reduction after 4 weeks if house hadn't sold in direct contrast to the valuation report which said houses of this type and value would take between 6-12 months to sell at value. This man was not a family judge but a civil law judge as I used to work for CAFCAS and the available judges all knew me and my application to have the hearing transferred to another area was refused. There are assets of around £60k which I have been ordered to hand over leaving me with nothing ((my wife ran up £31k of legal to my £16K but this was granted out of our estate. I was allowed to keep the remaining policy of £20k (upon death £35) but no timescale for handing over the policy was made whilst I had an ordered to pay the cash monies in stages up to 27th May. The judge expressly said in his judgement that he was not taking into account my new relationship because of late declaration. He also said he would have done if this had been declared earlier. Yet he took into account joint incomes and a very specific plan for me to obtain a mortgage on the family home on the basis of a buy to let and my rental income to offset my form E which stated I needed at minimum of £250k for a house. He said I could get mortgage for £70k based on the buy to let plan for the family home. I am 64 and retired he accepted I was unlikely to work again. He definitely recorded that he would have made a different judgement had the ne partner info been declared beforehand. He did not ask my legal team but I gave evidence on the stand I had done this. In his judgement he said he found it impossible to believe this was the case and although he stopped short of saying the relationship was a fiction he was not going to take it into account. I provided 12 emails confirming my specific instructions to my legal team that this was the case. He did not use his inquisitorial powers to verify or otherwise with the legal team who were present at the hearing.Character: the other side tried to make out I had been hiding assets but it was obvious at the hearing they had been double counting as the assets were transferred from shares to cash. They were allowed to ask me questions about my personal life and the altering of a mortgage document rom which it appeared at hearing I would be the only beneficiary.I tried to say that this was not the case - that my wife controlled the home files because I am severely dyslexic and he just said I had held a responsible job all my life and he didn't believe me although there was no evidence either way to point who had done it. He said did not regard the dyslexia report on myself or my wife's previous behaviour as relevant. My wife has a history of altering documents for court but he would not allow this to be put forward -or for her to be questioned on it. Yet he said she was an honest witness and I was less believable.This was no doubt because of my ex wife's very serious condition which was apparent and would not let in as evidence my wife's MH history and serious violent behaviour (documented) Is this enough?
Expert:  Clare replied 7 months ago.
How long hd you and your ex lived together - and please confirm - the division of ALL the assets is 50/50?What relevance do you believe your new relationship should have?
Customer: replied 7 months ago.
We were married for 37 years. For the last 15 years my ex only worked part time and even then intermittently and at jobs with low pay first because of her treatment for cancer (2002-3) but after period that as a result of mental health issues brought about by the shock of diagnosis and by a 5 year affair she started in 2002 with a thrice married alcoholic whom she eventually realised was just after money. About £60k was spent by her during that time (of the house assurance policies) in order to maintain her lifestyle. My wife's birth father (she was adopted) was like my wife a gentle well educated person but who was a paranoid schizophrenic. Her own aetiology followed his - (two traumatic events one after the other resulting in breakdown and personality change). At the hearing much was made of an affair I had in 2010. In 2010 my wife and I had agreed to stay together but live separate lives following two attempts at poisoning by her - one for which I received life saving treatment at the A&E dept. (These were reported to the GP, Local authority (for poison checks) and to the police but I refused to sign a police statement because I didn't want my family to be criminalised and thought it would affect our grown up children. Yes ALL assets were 50-50 but with no finding of reckless dissipation of funds by me by the judge despite repeated and lengthy accusations which took up most of the day's hearing by my ex wife's legal team which were not only wholly untrue but clumsily and vindictively made. I have put together review appeal points which I need to submit by Friday) these are in attached file.
Customer: replied 7 months ago.
sorry wrong document before this is the one I propose to put in
Customer: replied 7 months ago.
Sorry omitted answer re my new relationship - I have known the family as acquaintances for 25 years began after the decree nisi in October 15 although friend before that - she has nine year old autistic child who is in remission (4 years) from nueroblastoma. . Child needs stable environment with self contained accommodation - own bathroom living space - as recommended by child psychologist. Presently lived with me. Judge said my needs were not considered in relation to this because of late inclusion but would've done if had been included sooner. I think a 60-40 split at least would in circs be reasonable. However 70-30 split would have meant I could've stayed in house and obtained mortgage based on buy to let (benefit payable for child's self contained but attached accommodation) has been agreed with HB office even though we are living together as partners because of exceptional needs. Judge aware of this but don't think he believed or approved of it but didn't enquire for any further evidence which could have been produced on the day but was not considered because of his statement that new situation would have no weight attached to it..
Expert:  Clare replied 7 months ago.
On what basis - given the length of the marriage and the fact that there are no minor children of the marriage - do you think the outcome shoudl have been anything other than 50/50
Customer: replied 7 months ago.
My life expectancy - - healthy male - ex wife's life expectancy when filing for divorce - 18 months maximum. My future needs re new relationship and responsibilities. I though needs and life expectancy were part and parcel of s.25?
Expert:  Clare replied 7 months ago.
Your new responsibilities have no relevance I am afraid.What was the global value of the assets?
Customer: replied 7 months ago.
I have two large Alsatian dogs about 18 months old. They need a garden and it was acknowledged in the hearing I needed at least £250k to buy a suitable property in the area where I have lived for 40 years. (it is nearer £300k) in reality) I will be left with around £180k. Also my income levels were misinterpreted in the judgement. That is a fact.If you could assist me with the answers to the questions below I would be grateful as time is now very pressing:is it possible to review a final hearing decision on the basis of mistaken fact - especially when the judgement indicated the judgement would have been different if the figures were different - or not - yes or no please?;if so- do I have to let the other party know that I have applied for a review?do I have to pay a fee for a review of his decision by the DDJ if it is possible within the rules to apply for one?do I need to have the DDJ's permission (heard at the family /magistrates court) to appeal his decision - I have written to him and he has not replied.is the form I need to appeal the N161c? or is it another form? Is the fee £140?thank you
Expert:  Clare replied 7 months ago.
You cannot ask for a review - you have to appeal the decision.The Appeal process is set out herehttp://www.familylaw.co.uk/system/uploads/attachments/0002/0019/FPR_PD30A.pdfYou will need permission to appeal - so will need to ask for that on the same form - the N161http://wbus.westlaw.co.uk/forms/pdf/cpf00785.pdfThe fee is £140.Please ask if you need further details

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