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fdr outcome

  • dingbat
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01 Sep 08 #44559 by dingbat
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At FDR judge could not have made it clearer that husband was being absolutely reasonable with his offer and case should be settled. He said it wasn't a complicated case. He was very annoyed it wasn't settled. Wife still issuing rediculous offer and refusing to settle on husbands. Wife is convinced there is more money somewhere that she can get her hands on, there absolutely isn't so no matter how many questions she directs at husband and how deep she digs she will not find anything, it will just cost time and money. Looks like it will go to FH. My question is, as judge at FDR was so clear would a judge at FH come up with a much different resolution.

  • marriaa
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01 Sep 08 #44569 by marriaa
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I hope so for you,
but sometimes it does not have the same outcome ,if everything is above board then it should be the same oucome.
all the best.

  • dingbat
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01 Sep 08 #44571 by dingbat
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The judge did actually say that another judge would come up with the same conclusion as it wasn't a complicated case, but I just wondered if anyone else had had this strength of resolution at their FDR then the outcome had changed at their FH.

  • hadenoughnow
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01 Sep 08 #44574 by hadenoughnow
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dingbat,

At my FDR in March my STBX was offered the endowment polciy that goes with the mortgage - and to keep his substantial pension. He turned it down and dragged me to Final Hearing - in search of that elusive cache of money that I too would love to stumble upon.
The upshot was another 25k = beyween us in legal bills, 2 days in court - and guess what he ended up with --- exactly what he was offered at FDR.
Interesting the judge at FDR said he thought a judge at FH would want to see a pension share - but this did not even come into the mix. The two DJs involved took very different views of how the pension should be treated.
It was clear from the outset that the FH judge had decided what should happen and nothing that was said in court was going to change that. What did help was that his explanation of his reasoning was very clear - unlike the judge at FDR.
With hindsight, I wish I had know that I could have made the offer at FDR into an Open Offer - that may have strengthened any potetnial claim for costs - but given the size of the pot I doubt that I would have succeeded.

Hadenoughnow

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01 Sep 08 #44591 by dingbat
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Thanks all. I'm sure the FH will produce a pretty similar result to the FDR. Two sets of solicitors (first lot were sacked probably cos not telling her what she wanted to hear) and a judge now have said husbands offer absolutely more than reasonable. Unfortunately when dealing with a delusional, unreasonable arrogant person who thinks they know better than anyone else, it costs time and money. Only small piece of hope is that it will cost her more than husband to take it to FH as judge could award her less than generous offer made by husband.

  • Speirsy82
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01 Sep 08 #44622 by Speirsy82
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Hi Dingbat - Thats good to know ! My Partners FDR is next month and he has been more then reasonable with his offers to date... paying the full mortgage and 20% of net salary for the children. All he wants is to cash the endowment so he can start his life again. He is even willing to change the mortgage to a full repayment in order to do this and in this current climate we all know how dangerous that can be !!! He has even accepted a deferred charge on the house of 30% of the equity. . All his offers have been rejected so far . Was this a similar situation for you ??? We were wondering whether that would be deemed as fair in front of a judge ???

  • Louise11
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01 Sep 08 #44643 by Louise11
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Hi All

Without going into our case too deeply, as most of the "oldies" on here know all about it & dig deep enough you will find it all.

But.............fdr's in my opinion are not worth the time or effort put into them especially when you have an unreasonable ex to contend with!

I am married to NP, his ex wife was horrendous!

Fdr outcome.... Judge said if she was the FH judge then she would award 80% of my husbands pension and a lump sum of 60/65k!

(thank god she wasnt at the FH!!!!!!!!!)

FH..........his ex got 30% of his pension and 2k lump sum.
She finally settled outside of court as Judge said in not so many words she would be awarding costs against her too! As my husband was a self repper the costs would of been minimal to her already outrageous WELL DESERVED costs of some 30k!
Greedy greedy woman got what she deserved! Shame she couldnt trust her ex husband over 7 Lawyers & 2 Barristers!

Ner mind though alls well that ends well!

Kind ones everyone
Louise:)

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