Judge approval

I have some questions which I cannot find an answer to online and would be grateful of any advice or if you have experienced the same situation.

If you attend a final financial divorce hearing does a Judge have to look at the figures of a proposed settlement or can he rely on you receiving the correct advice from a direct access barrister?

If you attend a directions hearing as a result of the Judge not approving an order, and it turns into a Show Cause Hearing does the Judge have to look at the figures and take into account s25 Matrimonial Causes Act and how could he consider if order is fair when there is no bundle or can he make an order exactly the same as the first Judge refused to approve? Should you be put on notice of a Show Cause Hearing?

A final hearing is one that requires the parties to prove their case. In preparation for a final hearing there will be a court bundle which will contain the relevant financial documents in support of each party's case. The barrister's advice is based on experience and the application of the law but the final decision lies with the judge.

The directions hearing you refer to, I assume you mean when the parties have an agreement but the judge does not make the order as requested? If so, in my experience there will be some questions raised by the judge which case be resolved by a response from the parties. This might be an mundane as "the youngest child of the family is 8 yet the parties seek a Clean Break - it would be appropriate to have a nominal spousal maintenance order until the child is 18" or is could be that the judge needs to hear from the parties as to why there is no pension sharing order when one party has a pension and the other doesn't.

If the parties apply for a Consent Order, it might be after informal disclosure or they might be happy not to have disclosure but proceed with an agreement in any event. It is not for the judge to go behind that process, only to raise questions which might occur to them whilst they are dealing with applications. Most applications are accepted and the orders are issued.

Charles

Hi
Thank you for your response.

So are you saying that although a LIP but represented by a barrister at a Final Hearing the Judge should look at the figures?

I was advised I had to settle on the day of the Final Hearing and had no other option so I signed that I would settle but on the transcript it states that neither party had been taken through the settlement, so no there was not an agreement on the figures. The Judge stated that if we reached an agreement he wanted it signed by myself and my barrister that I had received legal advice. The Judge ordered a directions hearing to see if we could find an agreement.

At the directions hearing which turned into a Show Cause Hearing it was agreed there was no concluded agreement, so the Judge made the order without a bundle, which is the part I am confused about as how could he take s25 Matrimonial Causes Act into account. Albeit he didn't take it into account. My question is should he have taken it into account.

My confusion is that no Judge has looked at the figures and I have had this confirmed by a legal professional. But I do not understand if this is allowed to happen especially as a LIP.

Was there a bundle for the Final Hearing? Were the Final hearing and directions hearing separate events? Was it the same judge?

Hadenoughnow

Yes there was a bundle for the final hearing. The Judge does state on the transcript that he has not looked at the figures and relied on the barristers that we had been correctly advised, and I would guess that is why he wanted it written into a settlement, if we could agree, that I had received legal advice. I understand that Judges are allowed to rely on the barristers giving good advice.
The final hearing and directions hearings were different hearings two months apart.
It was not the same Judge and he did not seem aware of any details of the final hearing and it appears he thought I had resiled on an agreement which was not correct. My concern is that as there was no bundle he made an order exactly the same as the Judge had refused to approve at the final hearing due to me being placed under a threat within the order. I am confused as to why the Judge at the directions hearing thought I would sign an order that the Judge at the Final Hearing refused to approve. It is stated in the transcript that it is "not" a consent order.
I have read that a Show Cause Hearing should never be a "final" hearing due to there being no bundle but I cannot find it in any legislation regulations etc. So I still have a query as to whether the Judge at a Show Cause Hearing can make a final order without a bundle.

Did you have a barrister at the Directions Hearing?

Are you able to seek advice from tour representative at FH.

I think you need legal advice as to whether you have grounds to appeal and what the likelihood is of success.

Hadenoughnow

No I did not have a barrister at the directions hearing.

The barrister at the final hearing had no idea how the order met the S25 criteria she seemed unaware that there was any criteria to follow, and she had no idea what shared equity properties were and thought it was the full asking price. She made an attempt three years later to explain how it met the s25 criteria but used the excuse that my ex needed a far greater share in case he got run over by a bus. I disinstructed her before the directions hearing.

I have sought legal advice and some blame my barrister, some blame the first Judge, some blame the second judge and some think a barrister I sought advice on as to whether I should appeal gave me incorrect advice. So I am a bit stuck.

I would for peace of mind like to know if the Judge should have looked at figures before making an order.