Financial remedy

hello,
it depends on the judge if they want justice upheld or not.

i was also accused of controlling abusive behaviour and she said she was fearful and filed a non-molestation and occupancy without notice after my documents went missing and called the police who closed the case. they advised her to leave till its all over but she refused & said it will cost her & was still sleeping in the same bed and duvet. said she also reported to police in FH.
She cried in court at the FH & my side was not allowed to ask her questions about what she had written in her s25 & i dismissed most of allegations put forward but the judge ignored most of what i had said & said there was controlling behaviour, so i was found guilty when one side was questioned and evidence ignored. I got a call from the police 3months after judgement, so she lied but reported it after the judgement as was encouraged by the judge saying about controlling behaviour, was upset & not know about cctv even though she paid the bills & other evidence available.

most of my non-white solicitor's questioning was ignored and only what her white barrister had questioned and her replies was selectively used basically racism. there was bribery false reports obtained (i travelled back in time), fraud allowed, litigation & financial conduct ignored. 3rd party interests ignored (she said she sent money to an account that did not exist despite evidence & judge believed her as she works in a bank), her pre-marital pension removed but mums pre-marital money not removed & judge said she will not need it, so made mum a destitute pension deprived of life / raining day savings, amongst other evidence deliberately ignored.

This is what racism, biased discrimination does and its practised in court and so how does one overcome this in everyday life.
thank you

In financial remedy the judge can only make a decision on settlement at a final hearing. There may be other hearings ie to determine a preliminary issue where a decision made at the hearing.

In financial proceedings there are usual 3 hearings. FDA is largely administrative to ensure disclosure is complete and all necessary reports have been ordered. FDR is where offers are discussed and matters settled by agreement. The judge will give guidance but cannot impose settlement.
Final hearing where there can be a more detailed examination of the evidence and unless the parties agree, the judge will impose a settlement. Most cases settle at or before FDR.

Hadenoughnow

Hi, Got the paperwork today, my FR (Form A) has been accepted and the first hearing has been postponed. This time the OP will need to appear in person as there's no reason anymore for her to do otherwise.It pays when you tell the truth to the Judge.
Now that I have received the paperwork, what is the next step for me to claim Maintenance Pending suit before the first hearing.

If you applied on Form A did you tick the box for maintenance pending suit?
If you did a hearing should be arranged before FDA. If you did not a D11 application will have to be made.
MPS does depend on need (yours) and ability to pay (hers). Evidence needs to be provided. You will need to have exhausted any savings and applied for benefits to boost your income . Bear in mind that spousal maintenance is deducted £ for £ from any benefits so whatever is paid would have to exceed what you can get in UC. child maintenance is different. It is a statutory requirement that can be enforced by the child maintenance service and it does not impact benefits.


Hadenoughnow

Thanks for the reply. Yes I have tick the box in Form A. I am in receipt of UC and no savings at all on my part.
In her previous application which has been rejected, she also applied for maintenance but no court hearing was issued before the first FDA.
That is why i am a bit confused as to whether I will have to wait until the first FDA hearing before getting Interim maintenance. I know for a fact she has a lot of savings and her salary more than mine and some private work not declared probably cash in hand. I also receive CM for 1 child and I pay back to her to the other child leaving mine with only £34 shortfall.

There is no guarantee that interim spousal maintenance will be awarded. You will have to demonstrate need and she will need to have sufficient income to pay. Any award would need to be greater than the amount you get in UC to be worthwhile as income from SM is deducted from UC on a £ for £ basis.

Hadenoughnow