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Can you cancel the Financial Court Hearings

  • Flatliner
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06 Oct 21 #517852 by Flatliner
Topic started by Flatliner
I would like to know if you attend the 1st a FAH hearing then after seeing that on paper it looks more or less that the other side (respondent) is just under you financially in the assets split and that you balance out (and that they have probably had enough time over 2yrs+ to hide their cash assets on the form E etc. and left lots of stuff out). Can I decide to just cancel the Ancillary Relief process which arose from the form A court process and just come to a settlement (which will probably be difficult after the court process is viewed as adversial) or walk away and just both agree to sign the D81 form. I am well and truly fed up with it all. The solicitor appears to be the only one gaining here as I had said at the outset I didn’t want to end up in court and just wanted to exchange form E forms as a starting point and discuss & negotiate from there and suddenly one day he calls me and advised using his legal language me to start a court application and as he was the expert I went ahead with his advice.Before the 1st hearing after a chat with counsel it appears based on the evidence on the other party’s form E I would be fighting for £300 in additional maintenance at the lowest level and £1000 at the highest level. Bearing in mind the other party are saying they are to be affected by the contractor IR35 issues so their £120K an income level may fall to ££60-£70k. With fees at over £12k on my side and growing it hardly seems worth it.I just want to know can I cancel the process Or do I have to continue through the FDR process with the solicitor as I have started? I am sure the respondent would welcome it.Summary I have 3 children under 10 a single parent not working, but could get back into paid employment by arranging childcare.ThankYou Flatline

  • hadenoughnow
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07 Oct 21 #517855 by hadenoughnow
Reply from hadenoughnow
You can settle by consent at any time in the court process and simply submit a Consent Order and D81 for approval. If the judge doesn't think it is fair, rhey will reject it.

Whether that is a good idea or not depends on the circumstances. Any settlement should take account of your needs for housing and income now and in the future and the means you have to meet them. The needs of children are a priority.

You can choose to continue as Litigant in Person to save costs. There are low cost services provided by this site that can help. If the disclosure from the other side is missing key information that should have been requested in the questionnaire. You really do need full financial disclosure on which to base a settlement.

Hadenoughnow

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