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Financial remedy proceedings - First Appointment

J

JC83

Experienced member
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Hi all,

Ex has served financial remedy proceedings paperwork on me. We are currently going through the courts for child arrangements. I’ve had allegations of DA against me (arrested, now NFA), currently subject to a NMO. Got a directions hearing coming up and have very little time with my child (few hours in a contact centre fortnightly) when I was previously their main carer prior to separation.

On the application papers ex is claiming she is not represented by a solicitor but is receiving advice from a solicitor. She is on a large salary compared to mine and is set to get a huge pension in a few years time with a big lump sum, yet she has put on the form she wants a pension sharing order! My pension is nowhere near as good as hers. The house, which was in my sole name, was sold when we moved due to her work and I have the bulk of the proceeds in my own name. She is also wanting a lump sum order. Ex is currently living in rented accommodation heavily subsidised by her work and I’m back at my parents.

Would people advise I get a solicitor involved for finances or go straight to a DAB? At the FHDRA for child arrangements my DAB advised going to court for finances due to the expenses but I guess this is now outside of my control.

How would we exchange form e’s without a solicitor and that I am currently subject to an NMO?

I don’t even know where to start with the form E. I am going for child arrangements for 50/50 lives with but how can I predict future costs if I don’t know how child arrangements will play out.

Any advice greatly appreciated.
 
Regarding future costs, depending on the age of your child, be slightly realistic and allow for price increases because that will be knocked down so have a figure in your head and add about 25% to it, if ypur going for 50/50 maybe you should put what the CMS calculator figure would be if it wasn't that,assuming CMS is involved, it's a good barometer to work it out from.
What also will help is if you can obtain any evidence for the inferences ie how much she earns, outgoings etc. Make sure you get your CETV for your pension as that's what takes the longest to obtain.
For your future costs again be realistic, costs will go up and allowances need to be made for that.
 
Ok thank you buddy. Ex went for CMS straight away so I can use the calculator. I’m still part time at the moment as I gave up my career to care for my child and for ex to get further with her own career. Would I work out future expenses based on me working full time again?

I have a text message saying how much her pension will be and I have payslips as we needed them when we put an offer in on a house.

I’ll get on to my pension provider tomorrow re the CETV.
 
I would work out the full time option as with you being full time and in the unfortunate event of 50/50 not being granted it leaves a window open for the other side to argue you'll have opportunities to work full time or increase hours.

Be mindful, the CETV is rumoured to only have a shelf life of 3 months, I'm yet to find out if this is correct, it it is correct and the hearings get adjourned for reschedule, knowing the back log of the court, if your pension value changes it will need to be updated and you will have to pay for another CETV as your only allowed one free request every 12 months.
 
Thanks Capa. I didn’t realise that they charge for them. I got one earlier in the year which was over 3 months ago.
 
I'm no expert on divorce financials as I've mentioned before. But wouldn't pension sharing mean both her pension and yours have to be shared? Ie you'd get half of hers and she'd get half of yours (which seems a bit silly - might as well both keep your own pensions and adjust other finances.

If the house you sold was every a family home, she might have a claim but I'm not sure.

I'm just wondering if @MagicJ or @Roblox can help here - in particular as regards the possibility of delaying the form E and first hearing?
 
The pension sharing can be offset aswell, so if there are funds available then ex gets X amount in lieu of getting more of something else. In respect of pension if ypu were married,I didn't see that stated if you was, then any pension accrued before cohabitation is not considered ,only the amount during the relationship, this can be proven via a forensic accountant but these cost and can take up to 3 months to compile and report out.
 
Im sure I read somewhere on here CETVs were valid for longer then this. Im just updating mine as so long has passed and my solicitor hasnt asked for it to be updated...... just about everything else though
 
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