Hello Sarah.
I am tired but I want to share the day before I stop. I was nervous but it was strangely comfortable once I was in the room - I suppose I am used to it from disciplinary hearings that I have to deal with at work, although when the court is talking about you personally, it’s very different from a business situation.
I was sworn in before being questioned by my Counsel and cross-examined by Kat’s. The same happened to Kat. It helped that I knew my Form E (the financial disclosure form) inside out and back to front so that I was able to answer all of the posed questions - Kat definitely struggled with this. She was confident and came across really well at first but she couldn’t rationalise her spending levels nor justify why she shouldn’t support the children financially. She got a little bit “loud” at one point but the judge kept it in order and fairly amicable. I suppose that it is a bit of a role reversal in that I’m pursuing her for maintenance, when usually it’s the female chasing her husband.
So the outcome… well, most importantly for me at the moment, the judge agreed that she should pay interim maintenance for me and for the children, and she should continue paying their school fees. I was over-the-moon as I’ve had to be so careful with money. Not that I plan to go out partying but I know I have enough to pay the bills and get the kids some new uniform for the start of term – I pretty much got what I asked for. Spending time coming up with reasonable figures and the being able to explain the rationale behind them for my form E really paid off. I am sure that Kat will complain about the level of maintenance when we get to the First Directions Appointment (FDA) in a few weeks’ time.
Kat tried to fudge the question when asked to explicitly confirm that there are no other accounts or assets that she hasn’t accounted for on her Form E. Our Counsel tackled her on this during cross-examination and she finally admitted another credit card and a new pension.
Because of this, she had to concede that we do need experts to prepare reports into our financial affairs. The court has appointed a forensic accountant to scrutinise her business accounts plus agreed to a tax expert, a house valuer and a pension valuer. We did really well getting the expert instructions underway because the hope is that more progress can be made ahead of the First Appointment Hearing (and to also potentially use it as an FDR [Financial Dispute Resolution Hearing] where a judge gives an off the record indication of the possible terms of settlement)
I think that’s it. I’m going to sit quietly for a bit before I collect the children. Clear my mind.
Paul.