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No financial offer received before FDR

  • Ophelia_19
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15 Jul 21 #517273 by Ophelia_19
Topic started by Ophelia_19
Hi,
Could anyone offer some advice. Self representing and FDR scheduled next week. The court order stipulated settlement offers were to be submitted no later than 7 days before the hearing. I submitted mine months ago but I’ve not had anything from the ex’s solicitor and they’ve gone over the deadline. I wrote to them requesting the offer so I could seek advice prior to the hearing but they’ve not responded to that either? What’s my position - is there anything I can do? I wonder if they are trying to disadvantage me by not allowing me sufficient time to seek that advice?
what are the consequences of them missing the deadline and are there any avenues I can go down? Will I be allowed to mention it in court? Sorry for all the questions.
TIA

  • happy2021
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15 Jul 21 - 15 Jul 21 #517276 by happy2021
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I saw a blog about another website about what to do if your ex doesn't respond to letters. Is this going to be your final hearing? Maybe they just don't have a settlement for you and want the judge to decide?
Last edit: 15 Jul 21 by rubytuesday. Reason: Moderator's note - details of alternative forum removed, see T&Cs 6.1(c)

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15 Jul 21 #517282 by Ophelia_19
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No, it’s the FDR hearing so negotiations are supposed to happen a week before it as it’s a court order they should have complied with.

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15 Jul 21 #517283 by rubytuesday
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happy2021 post=517276 wrote: I saw a blog about another website about what to do if your ex doesn't respond to letters. Is this going to be your final hearing? Maybe they just don't have a settlement for you and want the judge to decide?


Happy2021 - Please refrain from attempting to direct Wikivorce members to your own forum. I have sent you a private message regarding this.

  • hadenoughnow
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15 Jul 21 #517284 by hadenoughnow
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Is the other side represented? Will they be preparing the bundle? (Done by the applicant if both are LIP or respondent's solicitor if only applicant is LIP).

The without prejudice proposals should be in the bundle for the judge to look at ahead of the hearing.

If your without prejudice offer was made a while ago it may be worth re-stating it to them. This may prompt a proposal from them.

If that doesn't work, I would suggest a couple of things.
1. Go through your figures and work out your absolute bottom line. Ideally get some advice on it if you can. This will give you a red line below which settlement is unacceptable.
2. Think about your bargaining chips ie if you 'give away' X you want Y in return.

Listen carefully to what the judge has to say. If you have received the proposal late and haven't had chance to consider it properly, ask the judge for time to go through it.
Remember you do not have to settle on the day. You can ask the judge to adjourn FDR for say 4 weeks. Or you can ask them to hold fire on scheduling a final hearing for a few days so you can get advice and continue to negotiate.

Even if FH is scheduled, you can still settle at any point. You could listen to the judge's view and make an early open offer to settle to save costs once you have taken advice.

Hadenoughnow

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15 Jul 21 #517288 by Ophelia_19
Reply from Ophelia_19
Thank you so much for your reply. Yes, the other side is represented and is preparing the bundle. The hearing has been ajourned once and this is the re-scheduled hearing, I really can't afford another adjournment as I am paying for the full outgoings of the FMH despite not living there and want to avoid this at all costs as I've been threatened that if I stop paying any of the bills this would be deemed as 'bad behaviour and financial abuse' (for the record - the we are both retired and the ex's income is twice as much as mine!). I'm going to take your advice and let the take the judges view. Thank you again for taking the time to reply, it's very much appreciated.

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