How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 1807
Experience:  Senior Associate Solicitor
97337639
Type Your Family Law Question Here...
JimLawyer is online now

I am the applicant in a financial remedy case my now ex

This answer was rated:

I am the applicant in a financial remedy case my now ex husband. We have exchanged form E in preparation for a fda hearing next month. On his form E in section 2.14 in capital other assets section he has put that savings held in my sole name ( He got the information from my previous voluntary form e) is jointly owned by him. He put half the amount down in the box. Should I question why he has done this at this stage in the questionnaire? Surely this whole process is to negotiate who gets what she’s putting that this is a future asset that he is due is very presumptuous.

Hello, thank you for the question.

Yes, it is presumptuous however I would not question it on the Form E because it is just to list the assets and liabilities for the purposes of showing each party's respective financial positions. It can be discussed at the FDR hearing and will be subject to negotiation.

I hope this helps - if you can please accept the answer and give me a star rating, I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

Customer: replied 2 months ago.
Thanks Jim, that is very helpful.

No problem, a lot of these cases settle at the FDR hearing, so best of luck.

Feel free to come back to me with any other questions - no extra charge - if you can please accept and give me a star rating, many thanks

Jim

JimLawyer and other Family Law Specialists are ready to help you
Customer: replied 2 months ago.
Hi Jim, if I have a list of questions regarding the form E( we haven’t exchanged these yet) is it best to not turn the FDA into a FDR Could I state on the form G that as long as the questions are answered before the FDA then it could be an FDR or is that unreasonable? I know the fda is used to sort out which questions are to be answered but wondered if that’s an option or am I best just to say it shouldn’t be an FDR? I haven’t got his questions yet. Do I have to send him a copy of the form G as well and should this be done at the same time as the questionnaire etc?

Hi, thank you for the further question. Form G is to notify the court whether the parties are ready to go on to the next stage in the court case so in this case it would be progression to the FDR.

The financial statement in Form E is just that and it used to prepare a chronology of key events, a statement of issues, a questionnaire of the other party, and replies to the questionnaire they have received.

The court will send out a Form G to both parties with the timetable and notice of the FDA, to ask each party if they are ready to proceed to the FDR at the first hearing, and if not, why not.

The FDR can only go ahead if both parties have all the documents and financial information that the court has set out in the court timetable, or if the parties are prepared to waive their right to that information and those documents.

Therefore, an example of a reason that someone might put on their Form G as “not being ready to proceed to FDR” could be that they have not received the other party’s' Form E, or not received answers to their questionnaire.

At the FDA, if both parties are ready, the hearing can go ahead as an FDR. If the parties are not ready, then the district judge will give directions, for example the respondent's Form E must be filed within 14 days, and will then set a date for the FDR to take place, for example in another 28 days.

At the FDR, if an agreement is not reached, the case will be listed for a fully contested final hearing

Customer: replied 2 months ago.
Ok, thanks Jim, That makes total sense. I have been trying to negotiate for over 3 years and I am doing all the paperwork myself. I have found a barrister who is willing to represent me at FDR or FH if it goes that far, as long as he is available. I will probably attend the FDA myself. In your opinion do you think I am wise to use him for both? I am very capable of stating facts and negotiating my end it’s not a complicated case, I have the 3 kids in the fmh, equity 300k he lives in his parents farm house and has for 3 years, has kids every other weekend I have said I need 200k to buy a new house for me and the kids. Approx 65% he said no to that. I have a larger pension accrued mostly before the marriage before I gave up my job to raise the kids. I am prepared to offset some of that to have a larger share of the equity in the house but he is standing firm and has said no to that. I just want to make sure I use my cash for the barrister when it is really needed

Hi there, if your ex has a barrister then it may be wise to have one on your side.

The FDA is straight-forward enough but it's the FDR I would highly recommend the barrister to be with you for.

The FDA is a negotiation exercise - the ex will be all too aware that if the FDA fails, he is facing trial. The Judge will tell you both to try and come to an agreement at the FDA - it could well take the whole day. I would start off high in terms of negotiations and decide before you go to the FDA what your minimum settlement would be. Emotions can run high and it's stressful enough so it would be easy to accept a lesser offer when in reality you may well be awarded more at trial. The case could well settle between the FDA and trial - the costs of trial are high due to barrister's fees for the whole day.

As I say, start off high at the FDA and let the barristers speak to each other with offers, etc.

Which barrister's chambers are you using?

Customer: replied 2 months ago.
Ok thanks, ***** ***** A barrister called David Daniels from Foregate Chambers in Worcestershire.

Not a problem. I'm in the North West so unfamiliar with them but I am sure you will be in safe hands.

If you want to try someone else I could recommend No.5 chambers who are also recommended

Thanks again

Jim

Customer: replied 2 months ago.
Thanks Jim appreciate that.
Customer: replied 2 months ago.
Hi Jim, hope you don’t mind another question. The Respondent has stated on his form E that he requires a new 4 bedroom house. However in section 3.1.1 estimated future costs he has not listed any utilities Bill’s council tax, insurance etc for a new property he has just left it as what he is paying now, which is nothing as he living with his parents and they pay all the bills etc. Should I ask him for a summary of these costs in the questionnaire or just leave it so I can highlight it at an FDR? Thank Ruth

Yes, I would ask for a summary now so they can be factored in at the FDR hearing - he may only be able to estimate them but it would be useful to know in advance