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Arbitration

  • bellalane
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11 Jul 15 #463989 by bellalane
Topic started by bellalane
I attended my FDR last week, ex put forward a ''contribution'' argument, I put a ''needs'' case. His argument was based on the fact that he used profit on his previous home to help pay for our FMH and he now wants this back (ring fenced). We have 2 teenagers and I have always worked full time throughout the whole 20 years. The kids live with me and I do 90% of parenting. He has a lot more £££ and has kept a lot of his finances somewhat discreet over the years as the disclosure proved. He ignored the judges direction and put a derisory (less than 50%) offer on the table saying ''take it or leave it''. I went back and said 55% plus I wanted the school fees sliced off out of the joint pot for security, no maitenance and we each keep our own pension. He said ''no, we''ll go to final hearing'', Its been rumbling on for a year and I am broke but he is a bully. I am living in the FMH and prepared to move. The day after they are suggesting ''arbitration''. My question to anybody out there is this ; given that I have been totally transparent and honest throughout, have paid 50% of all outgoings for 20 years, have a health issue (cancer) and am 2 years older than him (55) is an arbitrator likely to look at the whole picture? The FDR was hugely disappointing as it was like trying to condense 20 years into 10 minutes. Not sure i have the strength to wait another 6 months for final hearing plus he is now trying to poison the kids against me saying I''m wasting their money in the courts!
Thank you.

  • hadenoughnow
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11 Jul 15 #463992 by hadenoughnow
Reply from hadenoughnow
What did the judge suggest was a fair settlement? This is usually a good guide.

If you can live with what the judge suggested, I would be inclined to put that in clearly marked open offer. Be clear that you wish to avoid the expense of FH but will be prepared to seek costs.

If you do get to FH and the settlement imposed by the judge is in line with your open offer, claiming costs is a very real option.

Hadenoughnow

  • bellalane
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12 Jul 15 #464035 by bellalane
Reply from bellalane
thanks, very helpful.

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