Appeal Financial Remedy Order

Following financial remedy grounds of appeal being submitted to higher court, what is the average timescale taken for judge to consider whether or not to allow the appeal?

It's difficult to say. Even the average family solicitor will normally be involved in less than 10 cases that go to a final hearing, let alone one that goes to appeal. And then most appeals fail. However, the rare appeal cases reported on BAILII would suggest that everything from lodging appeal through to outcome is around 6-9 months.

Thank you. Appeal has been refused, I would appreciate opinions on pursuing this further. Very basically despite DJ not applying all the requirements of MCA the circuit Judge considered the lower judge was entitled to exercise his discretion. In particular DJ did not take into account appellants pre-separation debts classing them as non matrimonial. Also the respondents litigation conduct in so far as her failure to provide formal mortgage raising capacity certificates despite being ordered to do so on 2 separate earlier occasions. Respondent only provided internet generated mortgage in principle info

If you've had bad outcomes from two judges, it probably isn't worth pursuing. What was the outcome that you are challenging?

I've just been reading your previous posts. So presumably the problem is that matrimonial debt was assessed as being post-separation debt?

How is child maintenance being paid currently? Through a court order or CMS? I would recommend you ask the lender to pause repayments until you are paying child maintenance via CMS. Then you can apply for a downward variance to your CMS payments to allow for the payment of joint debts. Your ex might try to claim otherwise based on the judgement but if you can prove the debts pre-existed the separation and they paid for things for the family then the CMS can make their own decisions.

Yes. Despite documentary evidence being provided showing pre and post separation debt the Judge applied a blanket approach and classed all pf the debt as being non matrimonial. In court immediately after delivering judgment this error was brought to the judges attention, but he ignored it and was quite dismissive. Child maintenance is paid as ordered by CMS.
Is it mandatory to apply s.25 MCA 1973, or is it discretionary?

It sounds like appealing was a dead end though. So now you need to get creative. You need to apply to CMS to have your pre-separation debt payments taken into consideration in order to vary your payments downwards.

Whilst you're at it, check if there are any other ways to claw what is rightfully yours back. Put as much money into a pension as you can afford, it will reduce CMS payments. Also, if you are still on the joint mortgage for the FMH whilst it is sold and paying the mortgage then, contrary to popular belief (even CMS staff get this wrong so you may need to escalate), that is also a joint debt that can drive a downward variance of child maintenance.

Once you are even with your ex, normal CMS service can resume. If you want it to.