Set aside hearing tomorrow - HELP

HI,

I have made an application to set aside a financial Consent Order made in July last year. I used form N244 to make the application, included a lengthy statement in which I referred to about 20 pieces of evidence which I also included in a huge bundle of paperwork. I sent this to court. I sent 3 copies of the statement but only one copy of the evidence bundle as it was so many pages I didn't think I could or had to include 3 copies of all of it. I did not serve any of this on my ex, but assumed the reason for sending 3 copies was for the court to send a copy to my ex.

The only thing I have heard since my application is a Notice of Hearing. All it says is "a directions hearing will take place on...X". Nothing else at all.

The hearing is listed for one hour. I naively thought this means directions will be given and this is just the first hearing. Therefore I was not overly worried and assumed it will be progressing beyond this hearing and I can then try to afford legal assistance thereafter.

Having obtained free legal advice in the past week, I am now very worried and confused about this hearing. Some have suggested my application can be shut down there and then, others have suggested this is a hearing to obtain permission to proceed and others have said it is indeed for directions.

I have also read that my application could be dismissed due to procedural error, i.e I did not serve the application on my ex. If this was the case, would they not simply dismiss my application rather than waste time on a hearing? Also if my case had no merit, would they bother with a hearing at all?

I have heard nothing from my ex but assume he will have full representation and be seeking costs as he always does. If I have not heard from a solicitor does this mean he doesn't have one and if I haven't received a costs schedule can he still claim them?

Any advice very much appreciated. The hearing is tomorrow and I am so stressed out.

Thank you.

Presumably the court has your ex's contact information and will have notified him of the hearing?
Any bundle should be provided to him as well as the court. It should include a copy of application. Can it be sent electronically?
I cannot comment on the merits of your application and how the court will view it as you have not provided enough information about your reasons for seeking to set aside the consent order. The judge will be able to determine whether the application has merit and should be allowed to proceed.

Hadenoughnow

Thank you.

Yes I assume my ex has had the notice of hearing.

The reasons I have applied to set aside are due to barrister negligence at the final hearing (which I now understand will not be taken into account as a reason to set aside and I am pursuing this separately) but the main reason is my ex's misrepresentation of his business. He claimed at the final hearing that his business was a non matrimonial asset and did not include his share of the business (50%) in the schedule of assets.

The business was started 7 years before we separated and I have emails from him after we separated stating that I have a 25% share worth 60k. I also have a letter from his solicitor stating "the business has been recently potentially valued at 230k". This was then retracted by my ex (he essentially told me and stated in court that he had spent that money on his legal fees).

So my main reason is that he has lied about the business and gone back on his statement that I had a 25% share.

I hoped this would be sufficient to set the order aside. He has claimed it was non matrimonial by lying about the date of separation, exaggerating it hugely. I have included evidence in my application that we were not separated until the day he walked out.

Is it correct that if the judge had thought my application had no merit, he could have dismissed it without a hearing? I.e does the hearing mean I may stand a chance? Or is it always standard?

Is there really enough time in a one hour hearing to decide to dismiss or proceed with the application? Is it really not just directions in order to have another hearing to discuss the prospect?

Many thanks for any advice you can give.

The judge should have read the papers before the hearing and formed a view.

Fraud and material non disclosure are reasons to set aside an order. I think you said it was a consent order but you also mentioned a final hearing. Was it agreed or imposed?
A lot depends on what you knew, if/how their figures were challenged, and whether the additional sums would have made a material difference to any settlement.

Let us know how you get on.

Hadenoughnow