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Category: Law
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I have attended the first financial hearing, where I

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I have attended the first financial hearing, where I represented myself, and have been issued with a whole list of things that I am supposed to do. During the hearing I felt that I was treated like a errant schoolboy (although I am 68 years old) and it was totally demoralising and I felt that a victimised witch-hunt was conducted against me. As a consequence I have decided not to do anything for the next hearing which is on the 14th December, as most of what I have been requested to do I feel is irrelevant. What is the likelihood of the outcome of this action?
Assistant: Where are you? It matters because laws vary by location.
Customer: Birmingham, UK
Assistant: What steps have you taken so far?
Customer: Filed the Form E and the 4 subsequent documents on time.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.

Hello, thank you for the question.

I am a UK qualified lawyer and happy to help.

Is the hearing on 14th December the FDR? What was the outcome of the last hearing?

Jim

Customer: replied 1 month ago.
it is the FDR. The 'judge' just went through the Questions form from my wife and issued me with a massive list of tasks to answer, whilst ignoring most of my questions as I hadn't put them in a 'question' format!.
Customer: replied 1 month ago.
I just need to know what the situation is likely to be if I don't comply and produce nothing for the FDR?

Hi, thanks for that.

I presume you are the respondent and your wife has petitioned?

Normally the judges encourage the parties to agree finances and only involve the court if necessary. The Form E obviously gives a snapshot of your assets and liabilities (same with your Wife) so that the court can, if needed, make an order for settlement. I realise it is a chore although I would recommend complying as if your Wife does comply and you do not, she will ask the Court to make an order that you do comply. The FDR would be a wasted exercise if you did not provide the documents and your Wife could seek costs of attending (with her solicitor or barrister - or both).

Is there any chance of avoiding the FDR and agreeing finances with her?

Customer: replied 1 month ago.
Unfortunately not, as this is driven by the solicitor's aim to get as much money as possible and my wife refuses to discuss it. I made her an offer over two years ago which involved me giving her the MH and me just walking away. She refused this as I wouldn't transfer the house into her name. Now she won't get anything like this as she has a pension that I want a share in. It is utterly ridiculous, the whole thing!
Customer: replied 1 month ago.
In light of your comments, perhaps if I contacted the court and asked them to postpone the FDR as I am unable to comply with the tasks forced on me.

You can do, yes, as the FDR would be a wasted exercise if you can't gather the necessary documents in time.

Most cases do settle at the FDR (the judges encourage it).

Is it that you need to gather evidence for your own assets (e.g. cash equivalent value for your pension)?

Customer: replied 1 month ago.
I am more than willing to compromise but my wife seems hell bent on going down the full path of the law with the help of her solicitor. The list of things that I need to explain go down to the level of what certain transactions are for, and it is not just for one or two transactions either, as I said it is utterly ridiculous. I am 68 and I really don't feel that at my age I have to justify what I have spent my money on for the past 15 years and to compound that my wife already knows what the vast majority of the money has been spent on as she has been living in the property.
Customer: replied 1 month ago.
As I say I have no intention of complying with all this petty mindedness!
Customer: replied 1 month ago.
By the way I have only a state pension and no children are involved, it is very straight forward as I see it!
Customer: replied 1 month ago.
I have also been asked to get a cash equivalent of my state pension!

Yes, it is normal for questions to be raised of transactions and destinations of monies, etc.

Unfortunately it is a necessary task and if you think of it in terms of helping the court make a decision. It should also ensure a settlement hopefully at the forthcoming FDR. For the transactions you do not have to go in to any great detail, just a brief explanation. It should be straight-forward if there are no children and the fact you have a state pension. The CETV of the state pension should be obtained and they will be accustomed at dealing with these requests.

Have you a lawyer yet (to attend the FDR with you)?

Customer: replied 1 month ago.
No, as I can't afford one.

Thanks, ***** ***** want me to help you reply to the queries over your Form E, I am happy to help.

If you have other questions, likewise, I am happy to help too.

In the meantime if you can please accept the answer and give me a star rating (there should be a row of 1-5 stars at the top of your screen to allow you to do this), 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 1 month ago.
It won't make a blind bit of difference as I can guarantee if I comply with all the requests, no settlement will be reached as my wife's solicitor wants every bit of money possible over this case.
Customer: replied 1 month ago.
You haven't actually answered my question though!

Her solicitor needs to act in her best interests and if a settlement is possible, her solicitor should advise her accordingly - if she refuses to engage in settlement talks, she can be penalised in costs by the Judge.

You asked me what the likely action is if you do nothing - I am sure that I set this out above?

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