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Category: Family Law
Satisfied Customers: 476
Experience:  Expert
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Family law - Financial proceedings I wanted to file for

Customer Question

Family law - Financial proceedings
I wanted to file for schedule of deficiency but FDR is only 2-3 months away. Can both hearings be clubbed together?
Submitted: 13 days ago.
Category: Family Law
Expert:  JeremyT1020 replied 13 days ago.
Good evening and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters so I'd be happy to offer some guidance. First and foremost, when you say 2 hearings, are you referring to the First Appointment being heard as an FDR (normally because all or most of the disclosure is complete)? Thanks, J
Customer: replied 13 days ago.
FDA has already taken place. Further Disclosures are made as part of answering to the questions. From further disclosures, there are a few unanswered questions which would require schedule of deficiency hearing if the other side does not agree to respond to the questions. My question was can schedule of deficiency ( further disclosures) and FDR can be combined togther?
Expert:  JeremyT1020 replied 13 days ago.
The simple answer to that is yes. File a schedule of deficiencies. If the other side object, you may need to make an interim application for permission to file the schedule. Unless the court can deal with the application as a paperwork exercise (rather than call a separate hearing), they may tack it on to the FDR. It is still possible to have an FDR with missing info/disclosure but it really depends on how significant the missing info is. I'd it were a pension valuation or a share portfolio valuation, I'd be reluctant to run the hearing as an FDR.
Customer: replied 13 days ago.
thank you. if I were to put a no prejudice offer before FDR as say 50 per of asset , if the hearing goes upto final, can I ask for 60/70 of the asset in the final hearing. ( of course it would depend on the basis of the need. But my query is in any of the non prejuidce offers if I ask 50 per of the asset does that make it difficult to justify my ask of 60-70 per in the final ?
Expert:  JeremyT1020 replied 13 days ago.
Despite it being without prejudice, it would make it difficult. Arguably, the other side will be looking to meet in the middle. A 60%-70% request would likely push it to a final hearing as they will know they could probably do better at a final hearing.
Customer: replied 13 days ago.
in what circumstances can he ask for me to pay the legal fees ? does it apply to non-prejudice offer ?
Expert:  JeremyT1020 replied 12 days ago.
Hello again and thank you for your patience. The default position regarding costs in family proceedings is that both parties pay their own legal fees. Occasionally, there are interim hearings whereby an issue may be in dispute and it may attract costs but those are rare.Separately, in divorce proceedings based on adultery or unreasonable behaviour, the petitioner can ask that the respondent pay their divorce costs (normally between £1200 and £1500 on average). The court will normally make an order for costs unless there is a very good reason not to.I trust that information assists.Kind regards, J