Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
How to cancel a financial case?
#1
Hi. I've been trying to negotiate a financial settlement with my wife for several months. She is very slow to respond or make any decisions. I think she suffers badly with anxiety of decision making. I've remained extremely patient hoping that she can deal with things in her own time. However, as soon as decree nisi came through her solicitor applied to court for a financial case. She tells me that she told her solicitor we were trying to negotiate between ourselves but the solicitor suggested applying to court anyway to get a date set uncase we did not reach an agreement. She let them go ahead and apply to court which has started the clock ticking. I now have 4 weeks to prepare and submit Form E, etc.
However, she now tells me she wants to finalise the agreement we've been working on. I said I need her to get the court case cancelled so that I don't have to prepare for court, which I now feel is getting urgent. She said that her solicitors receptionist told her its not just a simple case of cancelling court and that she would have to present evidence that the case is now settled. The problem is, while we have drafted our own agreement, its going to take a while to have solicitors draw up the agreement legally and get it agreed in order to show it to the court. I'd like to avoid the costs of preparing this with my solicitor if its a waste of time.
Can anybody tell me if this receptionist is correct? What is the proceedure to cancel a financial case if its no longer required?
Thanks
Reply
#2
On the road and can't check 100% but here is the relevant statute which states that it can be withdrawn with just a notice of withdrawal signed by your ex or her solicitor, and filed with the court without any order or permission required.

I would also call the court to confirm.

"8.1

Where a respondent who has applied under section 10(2) of the Matrimonial Causes Act 1973, or section 48(2) of the Civil Partnership Act 2004, for the court to consider his or her financial position after a divorce or dissolution elects not to proceed with the application, a notice of withdrawal of the application signed by the respondent or by the respondent's solicitor may be filed without leave of the court. In this event a formal order dismissing or striking out the application is unnecessary. Notice of withdrawal should also be given to the applicant’s solicitor."

https://www.justice.gov.uk/courts/proced...d_part_09a
Reply
#3
(01-17-2020, 01:21 PM)JamW Wrote: On the road and can't check 100% but here is the relevant statute which states that it can be withdrawn with just a notice of withdrawal signed by your ex or her solicitor, and filed with the court without any order or permission required.

I would also call  the court to confirm.

"8.1

Where a respondent who has applied under section 10(2) of the Matrimonial Causes Act 1973, or section 48(2) of the Civil Partnership Act 2004, for the court to consider his or her financial position after a divorce or dissolution elects not to proceed with the application, a notice of withdrawal of the application signed by the respondent or by the respondent's solicitor may be filed without leave of the court. In this event a formal order dismissing or striking out the application is unnecessary. Notice of withdrawal should also be given to the applicant’s solicitor."

https://www.justice.gov.uk/courts/proced...d_part_09a

Thanks JamW. I've called the court after your advice and they said its no problem to suspend or cancel the case. She just needs to email them and explain why. Her solicitor seems to be making all this as difficult as possible for me and generating themselves billable work.
Thanks again.

As an aside, her solicitor has gone straight to application to court without any attempt to negotiate formally and despite my wife telling them we are negotiating between ourselves. With the divorce application she waited 2 years and then for some reason applied under unacceptable behaviour. I was horrifed that she put down physical abuse as a justification. It upset me terribly as I'm not that type of person. I later asked her in person what that accusation was for and she said I once grabbed her arm when I'd had a few drinks. I have no recollection of any such event. What I am sure of is I never hurt her or left any mark on her.
Recently she admitted she is getting legal aid which makes me think this accusation was manufactured for that purpose. She says she didn't have to pay to apply for the financial case.
A consequence of her accusation is that her solicitor states MIAM is not appropriate and so jumps straight to court proceedings. However, I meet my ex regularly at child handovers and its usually quite pleasant (when she feels like it). Recently we had a chat and coffee to discuss divorce proceedings and settlement issues. I am always calm and as kind as I can be.
I'm wondering if I should make a big deal about this if we end up in court or otherwise. I think MIAM would get us over the line if it doesn't happen anyway.
Reply




Users browsing this thread: 1 Guest(s)