Seems Seras' FH was in a proper court room to ours!
Ours was no different to the FDR, just my hubby, his ex wife and her barrister all sat a table in front of the Judge!
Her barrister had given my husband 5 minutes before going into court, what I now know to be his skeleton argument. What a complete joke and lies. 3 pages and 20 odd paragraphs, last paragraph, on Rossi v Rossi, on case law as to why his client should receive 80% of my husbands final pension instead of 50% of my husbands pension based on the years they were together!
btw...as with Seras case, we got their bundle on the Monday morning, when we were in court on the Tuesday morning! We had the day before to go through it! HAHHAHAHHA we had a letter from them 4 days before asking what documents we wanted adding to the bundle (as they said the judge likes to work from one bundle)as she is the applicant her bundle should be filed at court (I think 14 days before and they should exchange with you) and the respondants 7 days before. My husband had filed his bundle 7 days before as per the order. Good Job as their bundle did not contain ONE DOCUMENT my husband had asked for!! Also good job he had filed his bundle in court 7 days before because the Judge read it 7 days before and wrote to her and her solcitors demanding to know why they had not included me as an intervenor. The property that his ex wife was claiming was her asset belonged to ME!!!! Their excuse was " our client didnt want to incure anymore costs than was necessary to reach an agreement with her ex husband, and her costs are spiralling!!!!!! (have you ever heard anything like it??? They charge her 30k and say she cant afford to include me??? LOL I know I am expensive but I wouldnt of charged her anything to be included!!
Anyway they go into the FH.
Her barrister armed with his skeleton argument, my husband with it all in his head!
Judge asks them again why the NEW WIFE has not been included? She makes it clear to everyone that I should be! She refuses permission to allow me in court a s a Mckensie friend as I should be an intervenor protecting my rights!
They then discuss certain stuff, i.e. his pension, Judge says the pension report they have submitted is no good and wants 6 more questions adding to it! One being what is the new wifes entitlement to it? Since the ex wife had got her Decree Absolute
she was no longer entitled to the widows part of the pension and she had grounds to sue her previous solicitors for bad advice! Her barrister argued that she never had legal advice at the time of the divorce and that the pension should be shared from the day my husband retires, (which would be ten years after they divorced) and it should be shared between my husband and his ex wife and the "new wife" can have whats left over!!!!!! based on Rossi V rossi! (still dont get that case law arguement but hey ho)Judge would not accept this!
Anyway they all trooped out of court, her barrister rang the "pension expert" to ask these 6 questions! The actuary said ahe could do it for another £150!!! Already she had been paid £550 plus vat! So in they all trooped again, Judge adjourned it. My husband said " he didnt trust his ex wifes solicitors so could we get our own report, they have said it will cost extra £150, my husband said i bet when it actually happens it will be more! Judge looked at the Barrister and said "you say £150" will it be anymore? He replied well your Honour it could be! So she granted an order that if it is any more then he could get his own report done.
It was ordered to be in court 5 weeks ago! LOL, lo and behold its not and the new bill is £400 +vat!!!!!!! De dum de dum.
And on and on and on it goes!
So be prepared it could change to a directions hearing!
Whilst all this goes on another month goes by and my hubby has paid another 3 months pension. Since their divorce he has paid over 18k into it! 3 years of which have been with him! Makes me wonder if they drag things out so it keeps rising!
Anyway dont fret over it all, treat it as another hearing, just make sure you get that bundle in 7 days before with every document you want showing in court! Every piece of evidence you have. But also send her a list of all the documents that are going to be in your bundle, hopefully she will do the same but at least you will be covered. If there are documents that she has not already got then send her a copy, that way you cannot be critised at all for anything!