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Final hearing postponed

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30 Aug 12 #352882 by redwine47
Topic started by redwine47
Final hearing was due nxt week. Postponed pending criminal investigation re OH. How will this affect the court process & financial agreement, what happens if oh loses job?

Aso my legal aid runs out soon & I will not have finance to pay privately if these delays continue.


Should these proceedings be delayed because of his misdeamours . I really want to get sorted ASAP and now this.!

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31 Aug 12 #352990 by redwine47
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Bump please

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31 Aug 12 #352994 by .Charles
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Unfortunately you cannot insist that the final hearing take place. The criminal proceedings may have a profound effect on the financial proceedings particularly if your ex cannot obtain employment due to a criminal record or due to being sent to the ''big house''.

Has your solicitor explained why your legal aid is to run out? If the financial limitation of the certificate is valid for the final hearing, it should be valid for the adjourned hearing when it takes place.

Charles

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31 Aug 12 #353005 by redwine47
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The cert was valid to December. But I have just started some temporary work, last time I did temp work LAid was stopped & I paid privately I can''t afford to do this now as fees will eat up earnings as they did previously.

Do you think I will still be covered for delay ? My work cld finish in about a month?

Investigation cld go on forever.

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05 Sep 12 #354070 by redwine47
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Everything was ready for this final hearing & now cancelled...

Surely a criminal investigation should be treated separately from our financial settlement. (It''s a separate issue)... Why should I be penalized & hearing cancelled for stbx''s misdeamours.

Eg Does that mean if he got done for speeding & loses licence & perhaps job that he gets settlement in his favour! this seems totally wrong. (Btw this is not the crime!)

I cannot afford for these court procedings to continue any longer, 3 Years is long enough. My health & financial situation is really starting to suffer.

What happens if investigation goes on for a year, no charges etc just hearsay what if, sure any of us could lose our jobs, before during or after settlement?

Sorry about all the questions, Can someone advise further.

Thanks...

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05 Sep 12 #354098 by redwine47
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bump please!

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16 Oct 12 #361368 by redwine47
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Referring to same topic. I have been told by the investigating officer that there is no way hearing should be postponed as a criminal investigation is a totally separate issue... Any thoughts as the more this is delayed the more stbx continues to dissipate funds?

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