Could someone please point me in the right direction. My partner is having to attend a directions hearing on Friday 22 February as he has asked for an adjournment as he is changing solicitors and his old one will not release his papers until the £7k+ bill has been paid.
On reading this board yesterday it has come to our attention that his stbx's solicitor should have sent through a "court bundle" to him. We contacted his old solicitors to see if it was there but no they had not received it and neither have we. The Final Hearing date is 27 February. Does anyone know the clause on the Family Proceedings 2006 Act that states these should have been recieved at least 7 days before final hearing. This may also help with the adjournment on Friday if we can chuck this to his stbx's solicitor and help us get a new solicitor on board. Many thanks
From Ancillary Relief Protocol lawsociety.org.uk/documents/downloads/dynamic/flpappendix1.pdf
Have you already been to court for a hearing?
It looks as though the applicant is responsible for making sure it goes to court and retrieving it.
My instinct[no experience] would be to ring the court dealing with it and ask .
Maggie, Yes my partner has been to court but the usual story I'm afraid. She is legally aided so does not care about costs or time involved with this divorce. My partner walked out of the home with just his clothes in bin liners after 28 years of marriage, has never been awkward with her told her she could have all the equity out of the property (which has since been sold and there is £80k+ sat in a bank account) all the chattels and the car. But NO she wants more. She has her own business but has not declared all her income from this for years. She also wants 50% of his pension. She has no dependants, is using any and every ailment and excuse as to why she cannot work full time (she even pulled out of mediation when the mediator asked her how she was going to support herself!!). This is now sceduled for a final hearing on 27 February but as mentioned we have not received any "court bundle" from her side.
"At least 7 days prior to the Final Dispute Resolution Hearing (FDR)"
It should read Financial Dispute Resolution - FDR
"the Applicant must file all offers, proposals and responses, including all without prejudice and Calderbank offers to the court."
Calderbank Letters /offers were abolished in April 2006
after new costs regulations came in