A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

Appeal hearing, what to expect - help

  • Miss Winter
  • Miss Winter's Avatar Posted by
  • Senior Member
  • Senior Member
18 Sep 12 #356577 by Miss Winter
Topic started by Miss Winter
Need help in what to expect or what to say at appeal hearing.
In a nut shell.
1. been divorced over 6 years. 2 children
2. ex remarried divorced
3. I have never remarried
4. Ex lawyer and comany director

(a) Ex went for downaward variation one year ago. After stopping payments 6 month before with no hearing.
Variation dismissed. original order kept in place. Ex made to pay costs.

(b) one month later: ex stop paying.
Still in high end employment.
(c) Hearing to enforce - SDJ puts all payments under CAPS payment
(d) ex tries to declare himself immediate bankruptcy. and applies for downward variation.
(e) Bankruptcy DJ bounces case back to family court.
(f) Family court sets up charging order, freezing injunction as ex forgets to inform court of shares vesting. final hearing set for november.
(g) ex trys to get freezing order lifted 3 times. SDJ refuses.
(h) at last hearing i applied for Clean Break, can not handle any longer.
(i) shares vest, held in account as freezing order in place till final hearing.
Ex applies to appeal freezing order and third party documents to be thrown out before final hearing.
in the high court what should i do. we have SDJ transcipt, which basically sets out freezing order etc in place due to past bad behaviour.
Any tips. Thank you

  • TBagpuss
  • TBagpuss's Avatar
  • Platinum Member
  • Platinum Member
18 Sep 12 #356579 by TBagpuss
Reply from TBagpuss
get a lawyer. It sounds as though you have a strong case, but it needs to be handled carefully.

If you are looking for a clean break you need to be specific as to what you are looking for (I assume you want capitalised maintenace?) and how you''ve worked out any figures.

It is clear that there is a long history of bad behaviour (which s/he hasn''t got away with) in the past, and the Judge will be aware of that.

I would receommend that you prepare a chronology which sets out the events, in a similar way to what you''ve done with this question, but with reference to the specific dates of each order / failed applciation, so that the Judge can easily refer to these in his bundle.

Make sure that all of the relevent papers are in the bundle - it looks as though this is your ex''s applciation so he/his lawyers will prepare the bundle, but you should get the opportunity to agree it and to insist on the relevent documents being included.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 

Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.

Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.

Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.