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UPDATE to she wont negociate

  • Notsealg
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03 Apr 08 #18475 by Notsealg
Topic started by Notsealg
Well I've been to court - one hell of a ride to say the least

Her Solicitor finally got round to saying what she was after.... £75k !!!! This is with no children and after just 6 months of marriage

After I got up off the floor I refused and stated I would stand by my original offer of £10k - based on the fact that she had £55k capital and she just spent it on herself (with the exception of approx £5k on the house

She refused this but dropped her asking to £50k! How kind

Soi basically I said we would go for an FDR

Went into the chambers for the hearing and the judge asked if a settlement had been reached and when he saw the gaps between the two amounts he just baulked.

He then said that he had read all the documentation and in his opinion £10k was a very good offer and she would probably only get that at an FDR. This was his way of saying to accept but they continued and refused.

He also said in his opinion she had got this £55k and just gone on a spending spree

Her Soliciot then asked if she could resubmit her current earning profile as things had changed - never heard of that before.

So there we are - it all goes to an FDR in a couple of months

What can I expect in this then???

PS Thank you to all those who offered advice in my previous post - it all really helped

  • rubytuesday
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03 Apr 08 #18491 by rubytuesday
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Hi Notsealg

Im unable to offer you advice on the FDR, as we dont have those here in Scotland, but I would like to say that I feel your 2xb is chancing her hand here. Given the length of your marriage, and there are no children, either sum of £75k or £50k sounds extorinate! Given what the judge has said this week, ie that £10k was a good offer, your x2b may be in for a shock at the outcome of the FDR! I wish you luck, and also would like to say that not all women are out for all they can get!
Ruby

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03 Apr 08 #18492 by Notsealg
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Thanks Rubytuesday

I know the FDR hearing is a clean slate - but for the judge to say at this stage he thinks it is a good offer gives me hope

Can honestly say I was dreading today but feel a lot better now

  • hadenoughnow
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03 Apr 08 #18496 by hadenoughnow
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Not,

Bit confused. Do you mean you have had FDR? Does that mean next hearing is Final Hearing?? Does she realise how much that is going to cost her if she has legal representatiion??

I offered more than I could afford, in line with judge's recommendation at my FDR and it was refused. Am now facing another 10k of legal bills and can do nothing to stop it - could not afford any more - he would be getting a 50:50 split of all assets and I have the kids and no chance of maintenance.

Your ex's attitude seems a bit pointless - she could spend thousands just to get the 10k you offered in the first place - and it'll cost you a fortune too...

What makes me mad is that it does not seem I can claim costs - which I would dearly love to do because the bulk of the expense in this case has been caused by his legal team. Has anyone on here got costs in a recent case I wonder??

  • Elle
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04 Apr 08 #18614 by Elle
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Notsealg,
Was it evident who refused the offer...ur x or the solicitor? For the Judge to suggest they accept is a positive for you. I would be a bit concerned however about their resubmissions and things have changed issue...last minute surprises can change the situation.
Good luck

Hadenough,
I was awarded costs in 2006 for success in response to x2bs Appeal, he refuses to pay and is using the excuse he is on legal aid....his costs for that hearing .... approx 20k, mine 2.5k, yes i typed it correct...2.5k, however I have petitioned to have this addressed at FH. Will let you know the outcome
Elle

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09 Apr 08 #19087 by Notsealg
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Dont suppose it was clear who refused the offer - think they are both as bad as each other.

I'm not worried about her resubmissions - I have been honest all the way through (fool that i am)

What can she say? If she says she is earning less than she stated now then it is against her as she has had 12 months to find work. If she says she is earning more then that can only work in my favour

She is really chancing her arm in taking it to FDR but I am ready for the fight - does anyone know what sorts of questions they ask ???

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