different law....scots...but in this instance the same...the decision is out...if you agree...(or not as in my case)...if you have the choice to cut your losses and run.....ask yourself....why not....nothing is worth staying in divorce proceedings

I am now representing myself, but have to serve a Notice of Acting in Person- his solicitor refuses to talk to me until they recieve the docuement from my solicitors-despite handing them a copy and a copy must also go to the Court. Set out like this

Notice of Acting in Person
In the Principal Regisry of the Family Division
Case No XXXXX
Between me Petitioner
him Respondant

Take Notice that Solicitor name & address
(a) No longer act for the Petitioner
(b) I, name, will now act in person


My address for service is xxxx
Dated
Sgned
Please note, although no boardcode and smiley buttons are shown, they are still useable

what is your q phoenix...sorry i may be missin the point....if you had a sol...he has to notify all parties he has withdrawn.....ur position is to be guided

My own recent Experience of final hearing – I concur with the original post what a stressful experience, I had my FH last week over 2 days, self repping my stbx had barrister, procedure just as described and I prepared my questions to put to stbx and my closing statement, although nervous I was able to get my questioning done stbx responded to my initial questions readily and as though well prepared by the barrister but when I started to ask the none so obvious questions stbx became ruffled and gave away much more information than they wanted but we went through the day and gave our closings to the court and adjoured for judges ruling in the morning.

To cut a long story short the following morning in court the judge for the first 15 minutes reads out her ruling stating that she found my case to be believable and agreed with me that we had made and agreement and stbx had stated she wanted cash at separation in exchange for giving up claim on pension, judge agreed my conduct was in line with agreement etc etc (I was over the moon, I had proved my case) but then it all went down hill!!! I got done over.

Judge goes on to say no legal advice at time, not at arms length, long marriage etc so not taking into consideration and finds no reason to move away from Marital Causes Act section 25 and awards stbx share of pension but no lump sum, I am in shock? Then stbx barrister apologises and gives out Statement of Costs after judge given ruling and is then more or less directing the judge and ask judge for costs stating divorce started in 07/2003 and Form A submitted in 06/2006 so before change in law re costs? judge agrees and awards shared stbx costs against me intimating, delay was partly my fault (which has been down to stbx legal team) because basically as I have not been legally represented stbx legal representaives have had to do more work, I am gobsmacked and had not submitted my own legal costs (solicitor & barrister advice over the period) and forgot to say to judge to consider my costs which as I was self repping I had kept to the minimum.

Any way it ruined my day that started so well judge agreed that I had proved we had an agreement which is why I took it to final hearing because of the injustice of stbx later wanting more despite having been happy at time o separation to have money then, then judge says not going to consider all that and stbx wins and gets order to get me to pay half her costs?

Been thinking about this over weekend whilst still calming down and feel there may be an error of procedure re statement of costs and judge allowing herself to be directed by stbx barrister re costs and dates? Anyone feel it is worth making written complaint to the court? I have accepted judges ruling re pension share but the costs thing is sticking in my throat.

Beware if you self repping you might win but lose!!

Hi Howier

That sounds like an awful day, and that it ended in a complete muddle, at least from your point of view. I really doubt that anyone without a legal training could advise you on where to go from here. I'm not legally trained, but I think it is very hard to set aside a judge's ruling under any circumstances. I would be very wary of trying to go back, however unfair the outcome, but perhaps paying for an hour or two of a good solicitor's time would be money well spent either to tell you to challenge it, or to help you to "park" the injustice.

Good luck

LLYNBH

Howier,
There is a time limit and procedure to appeal a judges decision...... you need to have a point of law in which the judged erred for the decision to be reviewed.....it can be a very expensive, lengthy and stressful experience.....ask yourself honestly....is it worth it.....i fully empathise how you feel.....but given the choice for the first time in over 8 years to get out.....i did....and the relief far outweighs the loss
Take care
Elle

Hi all and thanks I have had enough of the stress of this divorce and agree don't really want to appeal judges ruling but the costs bit really is the problem and although it is half her costs I can not afford it, judge I recall left me be allowed to contest the total of stbx legal costs so will try and find some reasons to bring it down from nearly £9000 for my half! (any experience or suggestions anyone)

If I could get this down to £5000 I would pay and be rid of it then I can get closure and she gets hollow victory because can not draw pension until 65 .