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Appeal costs - who pays

  • Notmydivorce
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09 Jan 13 #373509 by Notmydivorce
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Prest v Prest springs to mind on a much smaller scale - there some similarities but they are not "Super Rich". And thank you all for such prompts replys.

Yes, it was 4 long days and very complicated, I was there, sitting out in the waiting room the whole time and there was an awful lot of in and out of the court room. I couldn''t take it all in. But it was at the Final Hearing (six weeks later - 14th Dec another very long day)that the Judge gave his decision. My sister still says they did have to sign an agreement but it was the Barristers who told them they had 21 days to appeal.

She has now told me that he has applied to appeal and the grounds for that are basically, he feels he should get more and her a lot less, despite the fact that he holds all the purse strings/business/property abroad. But there is a third party pulling his strings throughout it all; otherwise this would never have gone to FDR let alone appeal; you could write a book about it.

Anyway, my sister has asked me to email her solicitor with various questions including how to cover the legal costs as the stbx has cut off her allowance along with everything else to do with the property right on the eve of Christmas - what a hectic time that was!

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09 Jan 13 #373514 by dukey
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That makes a bit more sense, and a final hearing six weeks after FDR, she was lucky!.

At a final hearing a judge will often send both parties out to consider or make new offers, if they agree they go back into court someone scribbles a basic agreement and they both sign it, sounds like this is what happened.

If they could not agree though the judge rules, rarely on the day, but when a judge rules or makes a decision for them in other words neither sign, its out of their hands.

Anyway, when a person appeals costs tend to follow the event, so if he appeals and fails the judge will probably order he pays her costs, after all he has wasted her money with the appeal.

  • .Charles
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09 Jan 13 #373519 by .Charles
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In answer to the question relating to the husband moving back into the FMH - he cannot. The current order remains in force until such a time that it is varied or set aside.

Charles

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09 Jan 13 #373530 by Notmydivorce
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So, things stand as they are for now, he''s not allowed back into the FMH. But if he is granted permission to appeal, then he could very well be within his rights to move back in? Is that what you are saying or are things not as clear cut as I would really like to see them? :)

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09 Jan 13 #373532 by dukey
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Charles is quite clear.

The order stands until another judge changes it, if that happens.

So even if he has permission to appeal he cannot move back to the family home.

He can only move back if another judge gave him permission which wont happen.

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09 Jan 13 #373539 by Notmydivorce
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dukey, Charles is quite clear now that you have simplified it even further for me and thank you to both of you for clarifying that for me. My sister may or may not have asked her solicitor that question but was a little vague with me in her understanding of the answer.

Would the financial part of the settlement still apply; in that the amount granted her should still be transferred to her account. This was to come from the sale of a property abroad and was being held by a law firm in that country. I believe both parties were to sign for its release but his side never did. As he has now cut off her allowance and all household bills and utilities reconnected in her name she has been left without any means of income to live. I suppose this is something for her solicitor to pursue.

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09 Jan 13 #373542 by Notmydivorce
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dukey, Yes she was very lucky with the FH but to be fair, it was due to the wise decision of a shrewd and methodical judge. And from what I gleaned of the nature of the Judge and his methods in general he leaves very little if any room at all for a successful appeal. I have heard none of his judgements have ever been successfully appealed against. He came to very fair division of the assets and considering the business wasn''t even touched, the stbx certainly got the lions share and all concerned agreed that was so(all bar one third party that is - the driving force behind the appeal).

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