FA-FDR - I have lost everything

What happened about the house? Did I miss this somewhere?

Hello all just to be clear, we sold the family house in 2002 to emigrate to the uk. We spent it on the migration, and setting ourselves uip over here......took loans to pay school fees, bothe contributed exactly the same until feb 2007 when wife got huge increase and bonus, which was to begin settling our debts.......that is my issue, wife is now with extremely wealthy guy, earning loads, and i am left with not a pot to piss in..... There is no house..........

Fiona,

the petiton states:

Respondent may be asked to cover costs etc etc, then in handwriting from sol it says "but only if he defends or delays divorce proceedings".

Would the fact that i have applied for AR be considering delaying the proceedings? Could the fact that i will appealed to set aside an order for a completely unfair decision be construed as delaying?

Cheers

Respondent may be asked to cover costs etc etc, then in handwriting from sol it says "but only if he defends or delays divorce proceedings".

This doesn't relate to the finances, they are saying they will not pursue costs for the *divorce* petition .

...you would prefer if at all possible to treat the forthcoming court hearing as an FDR and it is clearly preferable for all concerned that matters should be concluded as soon as possible . However the court cannot make any final order relating to your financial application until a Decree Nisi of divorce has been pronounced

The Court can't make a final financial order to come into effect until the nisi is granted but the Judge controls the timetable and can merge the FA/FDR when it is appropriate.


Unfortunately the only bearing that her being with a wealthy guy has is he contributes to her living costs.It's not going to have much impact particularly as she has your D most of the time.

Thanks Fiona,

Right, so what you are saying, is that i would be flogging a dead horse, and should accept that i have had my arse kicked or bide my time and wait for it to come to a final hearing?

I mean if it is to get to a fianl hearing, what would i have to do at this point, and other than what you've mentioned, what other risks are there?

I really appreciate your help by the way.......

Fiona, by the comment you made below:

This doesn't relate to the finances, they are saying they will not pursue costs for the *divorce* petition .

I can then deduce that it's not that they will not pursue costs from me on the divorce, but they will regading the finances?

Man i have been well and truly stiched up........

DIY,

I still think you have a way out.

I haven't the reference to hand, but in order to have an application for a Consent Order heard, the judge has to have a signed D81 9as well as the other party's Form A 'for dismissal' purposes).

You applied for ancillary relief? There's no delay then. If there were they could have applied. Don't sign the D81 until you are happy with the wording of the consent order and for that it would be reasonable to ask for the benefit of legal advice.

If you have not had the benefit of legal advice - and this is a procedural requirement, again I haven't the ref to hand, but the purpose of the court is to try and get the parties to agree to something they can live with - there should be no application for a consent order. The parties cannot agree so it goes to a final hearing.

If you said you would sign any old consent order your xtb'x sols draw up and then don't do that, then you MAY be liable for contempt of court, if you do sign it then you are screwed for years. Do the risk analysis DIY, the chance of a one-off slap on the wrist or a lifetime of drudgery? Seems pretty clear to me what to do!

You MAY be liable for costs of the ancillary relief proceedings. If it can be shown that you have deliberately prolonged proceedings then there is a chance that you'll have to pay - if you can account for any delays on your part then you are OK. If anything you could say that you were given little time and insufficient explanations from her sols, given that you are self-repping they should explain everything to you.

Keep focused mate

YA