Separated, how much should I provide?

JackRS

kelpie35 wrote: »

That is disgusting, I hope your ex will have to pay you some compensation for all the delay this has caused you. I thought she had to legally respond within the 14 days of final offer being made?


Hope you are looking after yourself, Jack

Take care.

I don't know about legally, the letter requested 14 days as did the follow up letter but it seems these dates have come and passed and there are no consequences so they seem to just drift on.

I got another letter in the post last night, I've not opened yet but I'm guessing it's my next bill...

harrys_nan

JackRS wrote: »

I got another letter in the post last night, I've not opened yet but I'm guessing it's my next bill...

Of which seems to be the only thing they can move themselves with

duchy

Didn't the judge "order" that you came to an agreement within 14 days or it went back to court ?

ampersand

'and there are no consequences ........'
#
WHY NOT?
#
steaming and infuriated to read this muck, over and over again.

Okay, so & can speak only for herself in this post, but really Jack - they are treating you as toothless punchbag/joke/ lock-on target with every delay, let alone every device/incompetence which aids this.

I so want to be able to help quickly, permanently, fundamentally, somehow and just can't.

I'm sorry - wish I could do more than keep saying 'Stay strong and take care of your truly good self.'
#
Can you cope with same again?

[No, have decided to start a rottweiler fund instead.]

JackRS

duchy wrote: »

Didn't the judge "order" that you came to an agreement within 14 days or it went back to court ?

I don't know as I wasn't there for that it was just the barristers but my understanding was proposal in writing, 14 days to agree if not then final hearing. So that are the consequences to go to final hearing but obviously in the meantime she does agree to that final offer we can call the hearing off. Frustration is that meanwhile the solicitors are generating costs by just breathing and the longer it goes on the more charges will be created.

JackRS

ampersand wrote: »

'and there are no consequences ........'
#
WHY NOT?
#
steaming and infuriated to read this muck, over and over again.

Okay, so & can speak only for herself in this post, but really Jack - they are treating you as toothless punchbag/joke/ lock-on target with every delay, let alone every device/incompetence which aids this.

I so want to be able to help quickly, permenently, fundamentally, somehow and just can't.

I'm sorry - wish I could do more than keep saying 'Stay strong and take care of your truly good self.'
#
Can you cope with same again?

[No, have decided to start a rottweiler fund instead.]

Well what consequences can I realistically carry through?

ampersand

I know, Jack and deserve that reply. My apologies.

However, 'I don't know as I wasn't there for that it was just the barristers but my understanding was proposal in writing,'
#
To what extent did you query that, seek to pin it down then and there, or were you unaware until close reading later?

rpc

The offer could be accepted on the court steps on the day of the final hearing. Although strictly the offer would have expired, you would probably have to accept the belated acceptance

I imagine the time limit is to establish a liability for costs. After that 14 days (and assuming an ultimate settlement approximately the same as the offer) then you have a case for costs against the other party.

If the offer was open ended, it would be harder to argue costs. Similarly if no offer was made.

Should she later accept the offer, or a judge award the same, it is likely that a court would award costs against her for pretty much everything after that 14 day deadline expired. That is why these pre-trial offers are encouraged and why most civil action is settled out of court. Only if the eventual award is significantly more favourable to her would your costs normally fall to you.

Some people don't like these offers because, if you are on the receiving end, you can be taking a very large financial risk by refusing or ignoring the offer.

Caroline_a

Personally I would email solicitor with the following bullet points:

• 14 days has passed since final offer please go for final hearing
• I cannot afford to pay any more until this has happened and the house money is available

JRS

It might concentrate their minds wonderfully...

JackRS

rpc wrote: »

The offer could be accepted on the court steps on the day of the final hearing. Although strictly the offer would have expired, you would probably have to accept the belated acceptance

I imagine the time limit is to establish a liability for costs. After that 14 days (and assuming an ultimate settlement approximately the same as the offer) then you have a case for costs against the other party.

If the offer was open ended, it would be harder to argue costs. Similarly if no offer was made.

Should she later accept the offer, or a judge award the same, it is likely that a court would award costs against her for pretty much everything after that 14 day deadline expired. That is why these pre-trial offers are encouraged and why most civil action is settled out of court. Only if the eventual award is significantly more favourable to her would your costs normally fall to you.

Some people don't like these offers because, if you are on the receiving end, you can be taking a very large financial risk by refusing or ignoring the offer.

Yes that’s basicallythe situation however her tactic so far is to respond eventually with a counterproposal which I haven’t accepted. Wehave made clear that if the judge decides something close to my offer that Iwill claim for costs. However the judgeat the FDR indicated that in a final hearing they would order a more even shareof the cash assets (house sale) and award pension share and maintenance. I’d feel happier with that settlementcompared to her counter offer which left me with very little of the cash asset. This is why even though the costs to go tofinal trial are a waste for us both I feel it is my best option. I feel that now if that so many weeks haspassed since my final offer was issued in writing that should be retracted butit should have been laid out in the original letter. Something along the lines of ’14 days toaccept otherwise revert to offer B’ offer B being less, although I guess thatwouldn’t help it would probably still go to final hearing?