FINAL FDR APPEAL

Hi All,

Can you please give me some advice regarding a final FDR hearing.

My partner is unhappy with the ruling the judge made as this will make him homeless with no chance of getting another mortgage, also the judge has ruled he has to pay substantial lump sum to his ex wife all to be paid within 28days.

We simply do not have this kind of money nor can we get a bank loan etc? We did offer to buy the share of the marital home by borrowing money from family, however this was stated on the offer that this was only going to be lent on the condition that he got to keep the family home, as they were prepared to lend the money as an investment.

The court has ruled he has to sign over the family home, and also pay the lump sum and the legal costs?

Can he appeal and how long does he have to lodge this appeal, this is an english based ruling?

Thanks

Was this FDR or Final Hearing? There is a great difference between them as far as an appeal iis concerned.

Has he got legal representation?

I would get him to phone the wiki helpline tomorrow if possible.

I think that you have either 21 or 28 days to appeal but you need some urgent advice.

Good luck xx

thank you very much

He didn''t have legal representation as he couldn''t afford to pay any more,so he did all 3 financial hearings on his own.

This was the Final financial hearing.

the FDR was heard by 3 separate judges at each appearance, then on the final one, nothing that he had submitted was taking into account, the fact that he is disabled, with the judge simply saying she didn''t believe that he wouldn''t work again? He has 2 children that live with their mother.

The ruling this week said that the house, lump sum etc all to be paid within 28days, this does not allow enough time to find suitable accommodation that suits his medical needs?

The property is in Scotland and the ex lives in england

Thanks Again x

As spooky said could you clarify for the wikis was it an FDR or Final Hearing?? If it was an FDR are you not entitled to request a Final Hearing?? Did you have 3 FDR hearings? Not sure how he can pay a lump sum if he has no money - cant get blood out of a stone!
I''m sure the wise wikis will give you advice on an appeal if you can clarify if it was the FDR or the FH it''s just on your first post you put final FDR and second post you put FH?

He had 3 court hearings in total going over form E the judge said on 2nd hearing the next one will be final!

It was a full day court and the final hearing judge made her ruling that as he had offered to settle that he could pay that sum plus 5k and the house was to be signed over and we have 28days to vacate. He didnt sign anything but was told the court order would be posted out?

He needs to appeal as he doesn''t have the money they have taken a dim view of my OH and think he hasn''t given a full disclosure which isn''t true?

He answered every question including exposing lies the barrister was saying and still the judge seemed to ignore him ?

Most people do have 3 hearings the 2nd being FDR the last one the final - although I had 2 FDR''s - why did he offer to settle if he couldn''t afford it? Did he not make this clear to the judge. I had an awful judge at 1st and both FDR''s didn''t listen to any of my points - Unfortunately judges are a law unto thir own mine never listened either - fortunately for me she can''t sit at the FH! But thats doesnt help your OH - If he agreed to settle I don''t know if he can appeal? I''m not an expert but I think you''d have to have grounds for appeal and whether they accept the judge ignoring your OH is a reason I don''t know. I think if he does appeal it needs to be done ASAP - hopefully one of the legal wikis will give you some help? Good Luck - not a good place to be!

There are 21 days to appeal and the general court rule that the unsuccessful party pays the legal costs of the successful party applies. Therefore it can be a false economy not to consult a family lawyer about the probability of success before appealing.

It isn''t possible to appeal successfully just because someone disagrees with a ruling, it has to be shown there was an error of fact or law based on the evidence available at the time or the judge made a "perverse" ruling that no other judge would make.