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Too late in the day and no merit in proceeding

  • Mary Magdalen
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  • Junior Member
  • Junior Member
05 Aug 20 #513567 by Mary Magdalen
Topic started by Mary Magdalen
Just had my FDA. The District Judge wasn't interested in the questionnaires etc just that she is considering striking out the application because it's "too late in the day". DJ wants a statement of why the delay and a skeleton argument of the law. Anyone else experienced this? Also, the DJ wants to be the one to hear the responses - can I ask for someone else?

  • hadenoughnow
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08 Aug 20 - 08 Aug 20 #513598 by hadenoughnow
Reply from hadenoughnow
It is unusual to make an application so long after divorce but not unheard of. There can be many reasons ranging from fear through to just plain ignorance of how things work. Whether or not the application can succeed will depend on what arrangements were made at the time of the divorce, whether they were fair and the impact of any unfairness on your current situation, particularly with regard to things like housing and pensions.

Have a look at Wyatt vs Vince. In this case a woman succeeded in claiming enough to buy a house from her ex. They'd divorced decades before without any assets between them and no financial settlement. He had gone on to set up a successful business and become a multi millionaire. If nothing else that case reinforced the principle that without a legally binding settlement, financial claims remain open (unless barred for other reasons such as remarriage).
It should be noted that she didn't get anything like the amount she'd wanted (almost £2m) but the fact that she was financially impacted by childcare responsibilities was a factor.

It may be worth investing in a legal financial consultation to help you to understand what it is the judge would need to hear in your statement. This can be booked as a one off fixed price consultation via our helpline.

Last edit: 08 Aug 20 by hadenoughnow.

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