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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.


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Preparation for a FDR hearing

  • Ineedsomeguidance
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29 Aug 18 #503614 by Ineedsomeguidance
Topic started by Ineedsomeguidance
Hi,

I have been given a date for a FDR hearing later this year and I was wondering if any members have gone through this process.

I was using a solictor but I had to call it a day after the FDA due to costs.

I have received the court order from the FDA and I understand that I will need to comply with everything that is written on it.

Unfortunately, the solicitor who is representing my ex does not want to enter into negotiations despite the fact that I have made a full financial disclosure.

I am living in the family home with our 15 year old daughter and my ex is living at their parents house. The property is mortgage free but due to the modest value the sale would not permit us to buy 2 smaller properties.

My previous solicitor suggested that my daughter and I should remain in the family home until she is 18.

My ex wants the family home to be sold and a 50/50 split of the assets.

Unfortunately, neither myself or my ex have enough capital to buy each other out.

I would really appreciate some advice in regards to preparing for the hearing in terms of the skeleton argument and some coaching points for the actual hearing.

Thank you

  • hon3ybee
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29 Aug 18 #503621 by hon3ybee
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Hi there,

I'm sure others will be able to advise you much better but ill throw my penny in anyway.

The FDR will be like your other hearings. it will be in Judges' chambers with you, your ex and his solicitor and / or barrister (if employed).

We used my statement of issues to try and resolve the situation. The judge was firm and cut her barrister short, though she did exactly the same to me. we had a two hour slot which was strictly adhered to as it was clear that we couldn't get a resolution. The judge will help try and narrow the issues from your statement down, and will give extra time to cases that have a good chance of getting resolved, you will be sent away to talk privately and see if you can compromise before being called back into the judges chamber where they will then give a decision as to go to final hearing or not, make an order for submitting statements etc and any further evidence that may be needed.

I took a statement of issues (issues that needed resolving) such as housing need for myself, dealing with pension, dealing with loans / gifts etc everything that i felt needed sorting to allow for a Clean Break really and allow me to rehouse myself.

If you look at the recent post titled 's25 statement help', Sylvia's reply to tilly and myself will give you a good idea as to what you should be looking at in terms of answering so as to try and determine what would be a fair outcome for you all.

rhetorically, my first question would be what do you expect to happen when your daughter turns 18?, do you sell then? if you can release equity and both rehouse by having new mortgages whats the problem? do you want years of worry in the back of your mind and then have to deal with a sale in the future or would you rather get it all sorted now so that you could both then move on with your lives without being financially tied.

As i understand matters, that upon the Decree Absolute the courts will look to try and make sure that you are both financially independent of one another - though this depends very much on your circumstances, you'd have to provide more details as there is very little to go on leaving lots of questions that need answering.

are you married?, how long you been together?, how long you lived / co-habited together?, is the house jointly owned, what are your salaries if you both work? what are your mortgage capacities? what are your debts? are there any other children / dependents, are either of you living with new partners or likely to live with new partners in the next six months.

have you sorted everything else out already between yourselves and its simply a case of sell now or in three years time? is this the only issues or are there others to sort out?


just some thoughts

HB

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29 Aug 18 #503632 by Ineedsomeguidance
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I have sent you a PM.

KR

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