Spouse forcing final hearing

Hi All,

On what basis are you paying her costs? Have you been ordered to do so?? If you have not, there is no reason why you should; in financial proceedings each party pays their own costs.

Are you (or her) legally represented?

It is impossible to comment on the specifics of the case without more details. A judge has looked at the facts and given an indication. It is rare that the outcome at FH is far off the FDR indication.

The first consideration is always needs and the means you have between you to meet them. Spousal maintenance, especially while life, is increasingly uncommon these days. She may not have worked during the marriage but it is not unreasonable to expect her to do so now. What did she do previously?

SM for a limited period while she gets into the workplace may be an option if it is affordable when you have your own costs of living to meet. Unfortunately it would appear you have demonstrated that you can.

Pensions would be shared to ensure equality of incomes in retirement (based on the existing pot).

The division of assets will depend on the cost of suitable alternative housing. If she has no mortgage capacity she would need to be mortgage free. Although the start point is 50:50, a departure from equality may be justified to meet needs. Of course those needs will diminish when the children are older.

You need to remain calm and factual. Your s25 statement should set out your needs and those of the children very clearly. She will have to justify her position and it cannot just be based on spite or frivolous spending. The judge at Final Hearing will be able to see your open offer and may well take a view on the costs you have had to incur. It could well have an impact on their judgement. Judges have wide discretion and if her reasonable housing needs can be met with 50% or close to it, that could be how things end up.

Hadenoughnow

Thanks for reply.

thanks for reply

Ok so she has persisted with proceedings after refusing to listen to the judge's opinion at FDR?
If she's pulled out of ADR then the matter needs to go back to the court for final hearing. You can apply to the court for directions to Final Hearing.
An open offer will need to be made in line with what the judge at FDR advised was fair.

Hadenoughnow

Yep,