Final financial hearing (divorce)

[MummieHunnie]

Hello, can't aford solicitor anymore so self represent (can't get legal aid), exh has barrister working for him again. I have had a letter about him assiging stuff to his solicitor, it looks to me as if this is in lou of legal fee's if that is so, I don't know if the house will be sold, so they will be pushing big time for house sale then won't they to get their legal fee's back off him? The firm is massive firm, who deal with famous people, I don't have any hope with them do I?

[mumblechum]

It doesn't matter how big the firm is, the rules are the same.

One very big firm I have dealings with are absolutely atrociously inept. Smaller firms often have a much better handle on things, as they don't keep passing the file between junior people, each doing one little bit on it.

What do you mean by "assigning stuff to his solicitor"?

If he's just paying his fees as normal, then fine, but "assigning stuff" doesn't make sense to me.

Most firms insist on being paid as they go along (I certainly do), and if they're stupid enough to hope that they can get their fees IF the house is sold and IF he can get enough out of it to pay their fees, then good luck to them.

What stage are you at in the proceedings?

[nocake]

The barrister is likely to be independent of the solicitor and will probably have been paid in advance so will not be pushing to have the house sold to cover his/her fees.

[Resolution]

Do they mention a Sears Tooth charge? This is a charge that says that whatever he recovers in the divorce will be used firstly to repay his legal fees. Therefore if he preserves an interest in the house they will get no more out of it than he will.

If on the other hand he has executed an equitable charge in favour of his solicitors you need to consider your position very carefully. A message board like this is no place to be receiving advice about this - pay to see a solicitor or barrister (some of them offer direct access) for advice.

You could think about applying for an order under s37 of the MCA to set aside the charge (if it is this kind of charge) if you think you can prove that the intention behind it is to defeat your claim against the property.

This is a link to a recent case involving a Sears Tooth charge.

www.familylawweek.co.uk/site.aspx?i=ed65461

[MummieHunnie]

It is a deed of assignment, he is signing away security all present and future rights, title and interest in and to the proceeds of the matrimonial proceedings and transfer of money and property under any court orders or similar documents.

there is lots of other stuff as well...

[MummieHunnie]

Resolution, I have looked at the link you gave, thanks for that. I think I have to go and get this assignement removed then, there is noting called a sears tooth in the document anywhere!

Can I go to court to get the assignment removed if I think it is a way of forcing a sale of the property?

[MummieHunnie]

Resolution, sorry to be a pain posting again. I had a look at s37, that is a hearing without the other pary knowing has taken place? What evidence do I need to take with me, what do I need to say to the judge?

I get into a right state with anxiety and a todo with all this legal stuff and panic attacks re court hearings, as it is!

I assume if I don't do this s37 he will be screwing us, blooming heck, I really regret marrying an alpah male/narc type!

[houseproject]

"he is signing away security all present and future rights, title and interest in and to the proceeds of the matrimonial proceedings and transfer of money and property under any court orders or similar documents"

Just to clarify, what do you believe has been agreed - I'm assuming you have had previous contact with his side? If this is the case is have you received the legal paperwork relating to the agreement?
A deed of assignment can mean that he is signing over property (or other assests) to you.
Whilst I know you aren't keen to get a barrister it would be worth while you seeing a solictor just to verify the paperwork if you don't feel able (& most people don't) to review legal paperwork before signing.

[MummieHunnie]

I have had no other contact other than his solicitor telling me that they were representing him again, he had been doing fdr's in person as had I for a while, due to expense!

I have no idea what he is doing, we only spoke regarding court stuff! The last conversation we had in person was in court, the last over email was related to court finances stuff!

There are no assetts other than pension share and house, with massive mortgage and little equity!

I will have to see a solicitor, I have spent tens of thousands already, left the children and myself short, used up all my savings and am in five figure debt due to legal fee's, there would be no equity left in the house if I had continued with solicitors for as long as he did with all the court cases!

[Resolution]

Sounds like his solicitors will claim a charge on the property. How likely is it that you'll get the whole of the property, or defer a sale?

If you know now that the house is going to have to be sold anyway, and he'll get enough out of it to meet his legal fees, then it makes no difference to you that he's charged his interest. If in the other hand you want to delay a sale, this assignment may mean that they can apply for a posession order to secure payment of his costs, even if you are to get the whole of the property. I think you need to get some advice about this first.

s37 of the Matrimonial Causes Act 1973 is the mechanism by which the court can set aside or prevent transacions that are intended to defeat a claim brought by the other party. Sometimes they are made initially without notice, but I wouldn't recommend it in your case.

[Resolution]

BTW - a Sears Tooth charge will never mention 'Sears Tooth' - it's named after the case of Sears Tooth v Payne Hicks Beach, the first case that involved the court looking at the enforceability of such a charge.

[MummieHunnie]

Resolution, thanks, this does sound like a nightmare situation then!

The judge at fdr was all for me and ex getting seperate mortgages on the house, and me staying till youngest is older, and putting it on the market then.

It is touch and go if the house will be sold or not! I will go and see a solicitor, I have knots in my stomach this weekend, so your help is good to make me understand that this should not be ignored, thanks x

Why do you advise against me to not go and get the s37 without notice out of interest?

How do I go about getting a posession order?

Do you think they are doing this as i am not represented?

[MummieHunnie]

Also how do you get direct access to a barrister that would be able to help with this, I live in london!?

[Resolution]

Getting an injunction without notice is a drastic step intended for emergency situations. Yours doesn't qualify as that. The horse has already bolted your stable.

They can apply for a posession order like any mortgagee.

Your lack of representation may or may not have something to do with this. It's hard to say.

As for direct access - I'd go to the bar council or google. I've just googled 'london barrister direct access' and got a few results.

Good luck.

[MummieHunnie]

Thanks, also another question, it is probably a daft one to you, I was reading the food processor thread, and I don't want to come across as a loon, he has some memory sticks of video's and photo's of the children, he used to say he would give them to me in solicitor letters, he never did, then the story was they were on the computer they are not, can i get them back?

I will have a look up for direct access for Monday x

So do I do nothing then about the fact he has done the assignment, prior to the final hearing?

His solicitor seems to have some sort of personal vendetta against me, she seems to belive rubbish ex tells her, she is well known representing famous people, she costs a fortune, I think in my foolishness when I was upset I told ex he was paying for her to have sports cars, he spent about £50k on her! over crap that will be the same as we agreed by the end of the day with finances, and he has not got any contact and ruiend the kdis lives with family court crap, he is ill mentally and she took advantage and believed his crap! hey ho!

[MummieHunnie]

I think his plan was to make me waste all of the equity in the house, so that there was no money, I am disabled, he has a massive paying job, he had his money adjusted and put into shares etc, and hid money, gambled, bought five figure jewlery for his now wife... paid for a very lavish wedding for them etc... has six figure debts from lifestyle after leaving and blames it all on me!

[Resolution]

You'd have to argue that the photos were joint intellectual property. Theoretically the court could order they be copied/shared, but you'd really need to take proper advice over this. It could cost you alot of money.

Don't leave the s37 stuff until the final hearing. It'll be too late by then. that's one of the things you need to get advice on.

And get to bed!

[MummieHunnie]

I am no where near being able to get to sleep re anxiety over this crap!

I have to let the photo's go then... He is the sort of s* who would give me half of the photo's and claim that was all of them, I kind of let it go a while back and he asked me about them, I think he likes holding it over me... I will let it go then, sad for the children, every video of them every christmas , birthdays and holidays and some other special occasions!

OK so need to speak to someone on monday about the s37... and breathe x

thanks x

[STIDW]

I agree with Resolution, you need legal advice PDQ. Self representation is often a false economy.