Financial Dispute Resolution (FDR) appointment questions

[Karma Police]

Hi everyone,

I'm new to the forum and currently going through a difficult divorce. I’m hoping to find support and advice from others who’ve been in similar situations.

My ex has filed for a Financial Dispute Resolution (FDR) appointment, but in the Notice of First Appointment documents, she named my direct access barrister (who represented me during the child arrangements proceedings in 2022/2023) as her husband. Due to this error, I didn’t receive proper notice for 50 days. I’m seeking an extension because of this mistake, and my first question is:

• Is this sufficient grounds to request an extension directly from the court?

Secondly, my ex made allegations of domestic abuse, which were found to be false. The Judge confirmed this in the Final Order, stating, "the application for a non-molestation order and an occupation order is dismissed."

Given this dismissal, I’m wondering if my ex should still be able to rely on the Domestic Abuse Act 2021 to bypass the requirement for a Mediation Information and Assessment Meeting (MIAM). I believe that engaging in MIAM could provide a constructive opportunity for both parties to consider mediation.

My second question is:

• Does the dismissal of the non-molestation order lift the restrictions related to domestic abuse, allowing us to proceed with MIAM as the first step?

Thank you in advance for any advice or insights.

 

[Jumper85]

Hi, welcome to the forum.

Ok, so appreciating the error made, why are you seeking an extension? What's the impact? Are you happy to delay things or are you not keen to get to a resolution? As to whether it's sufficient grounds all depends on the impact and significance. When's the first hearing?

As for the domestic abuse allegations, they are pretty much meaningless from a financial settlement perspective, they have no bearing on how the funds should be distributed unless you actions were so significant it impacted the family funds/equity in which most if not all cases they don't. As for you, you can provide evidence these allegations were also dismissed which I'm sure you will present to the court at the right time.

I don't know whether the dismissed allegations lift the restriction on being able to go to mediation. A mediator would only be able to determine that. You or your ex can apply, just see what happens.

 

[Karma Police]

Thank you for your reply, Jumper85, and for the warm welcome to the forum.

I am seeking the extension to give me more time to prepare and complete the financial statement form. While I am eager to reach a resolution and move on, I don't mind if the process takes a little longer, as some of the earlier months may drop off. This is important since I need to provide 12 months of bank statements.

I understand that the domestic abuse allegations are irrelevant from a financial settlement perspective. My question is more about the fact that my ex is using these allegations to bypass the requirement for a Mediation Information and Assessment Meeting (MIAM). The MIAM could offer a constructive opportunity for an initial assessment. Since the judge dismissed my ex’s applications for a non-molestation order and an occupation order, I’m wondering why she is still allowed to use the protections granted to those who have had such orders approved.

One more thing—am I allowed to redact certain items on my bank statements? For example, if I don't want my ex to know where I spent £34.99, would that be acceptable? Surely the purpose is to disclose the amounts, not the specific details of where I’ve been spending money.

Thanks for your help and advice.

 

[Jumper85]

Noted on the extension, I suppose you can only ask!

As for the MIAM, it's going to be down to the mediator as to whether they determine whether mediation is appropriate but by the sounds of things anyway, I'm not sure you want mediation if the other party isn't willing to properly participate and trying to bypass it. Mediation needs both parties to work together and be actively involved, the mediator would only be there to structure things for you both.

As for redactions, if you're going through the court process, you won't be able to redact anything from the statements, you need to provide full disclosure. Whatever the spend was, the judge is unlikely to be bothered by it. It's negligible.