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Fake \"hardship\" claim as an excuse to avoid MIAM

  • CarltonS
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31 Oct 18 #504621 by CarltonS
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.Sylvia wrote:

Why are you attempting to stall the proceedings, and delay matters?


I would request I be excused from discussing that here, but I have very solid reasons.

But thanks for your comment about FDRs happening before the Decree Nisi has been granted. That seems most odd, and illogical, but I shall investigate it some more.

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31 Oct 18 #504622 by CarltonS
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It would appear that the hearing can happen prior to Decree Nisi but no order can be issued for execution prior to decree nisi.

"If the court purports to make an order or provides for a judgment to take effect prior to Decree Nisi, the resulting order will be a nullity and cannot be saved by r.29.15"
- NP v JP

...and will most likely make you appear [to the other side and possibly a Judge] as obstructive and difficult....


I disagree. From my research today, if the petitioner is refusing to attend MIAM, and has faked "exceptional hardship" in order to avoid MIAM, I do not even need to bother with a D11. I'll simply attend the FA and let the form E tell its own story to have the application thrown out pending MIAM! Courts take a dim view of abuse of process.

But I am still seeking any other practical advice on how to delay both applications (rather than any judgemental comments, any questions about my rationale or any opinions about the futility of delay ;)).

Many thanks.

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31 Oct 18 #504623 by CarltonS
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Under60 wrote:

I don’t think you can ask for 100% !!! That’s just stupid.

It's even stupider than that. She changed her mind about the 100% and has now demanded, in writing, an amount equivalent to approximately 220% ... because "that's the price of the property" she wants to buy! :laugh:

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01 Nov 18 #504626 by .Sylvia
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CarltonS wrote:

It would appear that the hearing can happen prior to Decree Nisi but no order can be issued for execution prior to decree nisi.

"If the court purports to make an order or provides for a judgment to take effect prior to Decree Nisi, the resulting order will be a nullity and cannot be saved by r.29.15"
- NP v JP

...and will most likely make you appear [to the other side and possibly a Judge] as obstructive and difficult....


I disagree. From my research today, if the petitioner is refusing to attend MIAM, and has faked "exceptional hardship" in order to avoid MIAM, I do not even need to bother with a D11. I'll simply attend the FA and let the form E tell its own story to have the application thrown out pending MIAM! Courts take a dim view of abuse of process.

But I am still seeking any other practical advice on how to delay both applications (rather than any judgemental comments, any questions about my rationale or any opinions about the futility of delay ;)).

Many thanks.


Before you go getting your hopes up at having the First Appointment thrown out or rescheduled, read this article - www.familylawweek.co.uk/site.aspx?i=ed178331

and this one - www.stowefamilylaw.co.uk/blog/2017/06/26...couples-ignore-miam/

Your spouse has - as far as the Courts will be concerned - done what is required of her before making an application to court to deal with the finances. She hasn't refused a MIAM, but instead claimed she is exempt -the two are quite different.

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01 Nov 18 #504629 by hadenoughnow
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The application for financial remedy would not be thrown out as such. The judge may very well adjourn it and send you both off to try mediation before proceeding if there isn't proof of hardship that would allow exemption.

From what you say, there seems very little chance that mediation would be helpful in any case so you would be back in front of the court pretty quickly.

The risk with using tactics to delay proceedings is that you could face a claim for costs on the basis of litigation misconduct. As you yourself have said, courts take a dim view of abuse of process.

Surely you would both be better off using your energy to find a practical solution?

Hadenoughnow

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01 Nov 18 #504631 by CarltonS
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hadenoughnow wrote:

The application for financial remedy would not be thrown out as such. The judge may very well adjourn it and send you both off to try mediation before proceeding if there isn't proof of hardship that would allow exemption.

That would be great. There's not only no proof of hardship, I have clear proof that there isn't hardship.

hadenoughnow wrote:

From what you say, there seems very little chance that mediation would be helpful in any case so you would be back in front of the court pretty quickly.

Possibly, but that could be weeks or months later.

hadenoughnow wrote:

The risk with using tactics to delay proceedings is that you could face a claim for costs on the basis of litigation misconduct....Surely you would both be better off using your energy to find a practical solution?

I don't know why people are picking on me.

In seeking to attend a MIAM and thereby attempting to resolve financial issues out of court I'm not abusing the court process.

Jeez!

And I'm all for a practical solution and all for avoiding court action and spending that money on the kids instead. But it takes two!

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01 Nov 18 #504640 by Under60
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I agree with you about MIAM, agree between yourselves, but if it’s one sided there is no point, so accept that you will be heading for court and the horrendous cost and nastiness involved, which yes does ultimately deprive your children.
Unfortunately some people are just unreasonable.
Good luck :)

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