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.

Final Hearing Outcome - HELP!!

  • ladysmith08
  • ladysmith08's Avatar Posted by
  • Junior Member
  • Junior Member
07 Dec 07 #8626 by ladysmith08
Topic started by ladysmith08
Please can anyone help / advise me!! My final hearing was on Wednesday, and although we'd had a fairly positive FDR (in my favour), and the initial evidence giving session on Weds was also positive, the DJ gave an order which didn't at all reflect the evidence given.

My x2b is claiming that the business he set up with his new fiancee is not doing very well, after only 1 year of trading, and that he is struggling financially. I am also struggling financially, trying to support 2 young children, and keep a roof over our heads, whilst receiving benefits. The DJ said that as child maintenance is not agreed by both parties that he cannot make an order in that respect, and therefore my x2b now does not have to contribute financially to the raising of his children.

I am also now responsible for paying off the arrears on the mortgage totalling £1800, even though my x2b admitted in the FH that they were his responsibility as they were accrued by him not paying.

I also have to pay the shortfall of the mortgage (my mortgage benefit payments pay the majority of the installment, leaving around £160 pcm as a shortfall), because my x2b 'simply cannot pay with funds he does not have'!

My x2b was also awarded a charge of 25% of the equity of the former matrimonial home. And as if that wasn't bad enough, the DJ awarded me a nominal maintenance order in the sum of £1 PER YEAR!!!!!

My solicitor & barrister, and in fact everyone I've spoken to feel that this outcome was completely unfair given the evidence. I feel that my x2b walked out on his family for another woman 2 yrs ago, and has now been 'given permission by law' to walk away from all his financial responsibilities to his children.

I'm really at my wits end, and don't know whether to just swallow hard and accept that although the decision was morally & ethically wrong, it was made by a DJ, and therefore is likely to be unchanged, or fight back & try and get some form of appeal. Please help!!!!! x

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 

Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.

Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.

Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.