A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Third Postponed Final Hearing

  • Trevor53
  • Trevor53's Avatar Posted by
  • Elite Member
  • Elite Member
More
18 Oct 09 #155386 by Trevor53
Reply from Trevor53

Why does the hearing need to be postponed? So what if she is dragging her heels?

Well I guess that is ok then. I suppose the fack that it costs me a shed load of money every time she postpones because she is not ready is ok. I mean it is a recession, where else are hard up solicitors going to get there next Merc.

  • Ephelia
  • Ephelia's Avatar
  • User is blocked
  • User is blocked
More
19 Oct 09 #155412 by Ephelia
Reply from Ephelia
What happens with my partner is that he hears nothing from her or her solicitors until just before the court hearing is due, then the two solicitors do a lot of negotiating (costing hundreds of pounds...) and she appears (according to her solicitor) to be about to settle, so her solicitor suggests a postponement because she's about to settle, so he agrees then the hearing is postponed and then.... yes you guessed it.... nothing.... this time she actually has in her possession what he was told was a Consent Order she'd agreed to but she hasn't signed or returned it...

BUT this time he's reached the end of his tether and this time if she hasn't signed the order he's going to court and will be petitioning for a costs order against her.... his solicitor thinks he has a good chance in these circumstances.

You're right Trevor53, its madness to keep postponing because the only people who benefit are the solicitors...

  • Forseti
  • Forseti's Avatar
  • Moderator
  • Moderator
More
19 Oct 09 #155417 by Forseti
Reply from Forseti
I've no direct experience of this so may be wrong, but shouldn't the emphasis be on the damage to the child's welfare caused by this repeated breach of the 'no delay' principle rather than the cost to the other litigant?

I compiled a list of the tricks solicitors play some time ago, but didn't include this one, Ephelia - thanks, it will be added!

  • Ephelia
  • Ephelia's Avatar
  • User is blocked
  • User is blocked
More
19 Oct 09 #155420 by Ephelia
Reply from Ephelia
Well, there are no children in my partner's case but you're right it would be even worse if there were. But sometimes good sense and logic seems to disappear out of the window when it comes to divorce...

  • Trevor53
  • Trevor53's Avatar Posted by
  • Elite Member
  • Elite Member
More
21 Oct 09 #156270 by Trevor53
Reply from Trevor53

I've no direct experience of this so may be wrong, but shouldn't the emphasis be on the damage to the child's welfare caused by this repeated breach of the 'no delay' principle rather than the cost to the other litigant?

Very good point. Every £100 spend on unnecessary legal fees is a £100 not spent on my kids plus a £100 nearer my bankrupsy.
What's more important here, the ex's solicitor getting their legal aid fee of my kids.
I think that incompetantly dragging out the divorce shouldn't be allowed.

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
23 Oct 09 #156598 by .Charles
Reply from .Charles
I assume this is a final hearing on Ancillary Relief issues? If so, you can refuse an adjournment and proceed to final hearing. If your ex is not ready that will be to her detriment.

However, if you are able to resolve the matter without a final hearing that will save a substantial amount of costs. I usually tell clients to budget £10k from FDR to Final hearing. This figures includes, costs, disbursements, counsel's fees and VAT. It's a lot of money whch is why settling is preferable.

Charles

  • maggie
  • maggie's Avatar
  • Platinum Member
  • Platinum Member
More
23 Oct 09 #156608 by maggie
Reply from maggie
"I usually tell clients to budget £10k from FDR to Final hearing."

Can you give us a breakdown of that cost fleagal?
£10k is horribly familiar : it's what was quoted at me by the FDR judge to frighten me into settling.
I couldn't afford £10k but that cost prediction comforted and strenthened my ex - he knew then he could hold out and I couldn't.
The judge must have known that would pressurise me but not my husband who had failed every deadline/refused to acknowledge every letter failed to provide full and frank disclosure on pensions after being ordered to by the court and so on and on and on ?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11