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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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FDR. The applicant has failed to adhere to court orders within

Customer Question

FDR. The applicant has failed to adhere to court orders within the time stipulated. The Judge has refused an adjournment application that I made and the FDR is in 2 days. The applicant has finally sent SOME of the ordered information (about 40%). Continuing with the FDR with the information and documentation provided by the applicant will not ensure that I get a fair hearing and will prejudice my case(this is deliberate on their part as the applicant seeks to hide considerable assets - no tax returns provided etc.) - what can I do if the judge continues to allow the FDR to take place? Can I appeal the FDR decision of this on the grounds that the applicant did not follow previous orders? I cant believe that the Court is even considering allowing matters to proceed on this basis - it is totally unfair! What can I do - I have already asked the court for an adjournment and outlined the orders that had not been complied with. I have written to the other side on 10 occasions asking for the ordered information. Help please - my home and the children's home rests on this!
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you understand that no decision will be made at the FDR unless you agree it?
Customer: replied 4 years ago.
No I didn't know that - then will it automatically go to a First Hearing?
Customer: replied 4 years ago.

no I didn't know this - thank you.

I am keen to have an FDR before moving to Final Hearing but would argue that it must be based upon fact not conjecture. No tax returns, illegible bank statements and statements in a foreign language, mainly cash transactions, £70 000 in cheques last year with no idea what they relate to despite claiming £2000 payment for an accountant! IN fact little substantiation at all. 2 first appointments later with two judges asking for information and it is still like this, orders are ignored or half done ... I would argue that it is impossible for a fair FDR to take place. The other side has barristers I am an LIP and increasingly they are bulldozing their wishes to the court ... I wish to be able to ensure that a FAIR FDR based upon substantiated fact occurs.

Expert:  Clare replied 4 years ago.
Just to recap - there have been two first hearings already and there has still not been full disclosure in a meaningful way.
How long were you together and are there any children involved?
What is the overall extent of assets and debts so far as you are aware?
Customer: replied 4 years ago.

18 years ,marriage. Two children (CAFCAS thankfully now involved with daughter who resides with me in England 14 years old and court granted residence and protection to me in January. Our other child resides in France with my x wife. Xwife is very net worth (1.5 million plus) landlord Turkish, I am a man of straw. Our home in England jointly owned with jointly held 300k mortgage value 300 k so no equity. Our property in France jointly owned, value 280k, unencumbered. Turkish properties -inherited by x wife valued over 1.5 million. Jointly owned chattels of 40K all retained by xwife in France.

All I am seeking is that I keep house in UK and she pays her share of mortgage (150k) she can have everything else...


Expert:  Clare replied 4 years ago.
What has she not disclosed?