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Final Hearing Judgement - Draft??

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19 Mar 12 #318929 by maisymoos
Topic started by maisymoos
Hi

I received a written FH judgemnet at the end of last week.

The Final Paragraph states " This judgement remains at this time a draft. It may be that counsel will want to make representations before or when I hand down particulars as to the form of order I make."

It then goes on to propose a date for handing down.

Is this normal? I thought the FH judgement was final??? Could the judgement change before this handing down date?

Any help really appreciated.

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19 Mar 12 #318937 by dukey
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Hello Maisy

No final hearings are not always final, yours is though.

What can happen is the hearing runs out of time so closing statements may not be complete, when this happens often a judge will invite counsel to provide written statements for the judge to consider, this does not mean the judge will change the detail of the settlement.

More often than not it stays the same.

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19 Mar 12 #318941 by maisymoos
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Hi

Thanks Dukey. Counsels closing statements were completed on the day. Judge said he would give a witten judgement, which he now has, why is he allowing for further representations or is this simply to do with the detail in the judgement that he has already given.

For example there is no mention of when SM should be payable from. My Open offer wanted it backdated to the time when all bills went under my name. My stbx wants it payable from when the FMH is eventually sold. The judgement does not clarify this. Is this the sort of issue I should raise being handing down?

Thanks

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19 Mar 12 #318943 by dukey
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Yes Maisy

If matters are outstanding you ask they be clarified, not all judges will give a date when maintenance must be paid, ask for a date, the 1st of the month for example.

I can`t begin to guess why the judge is doing it this way, it way just be a way of making it much harder to appeal.

Because you have the basics on paper from the judge the chance of anything major changing is very slim, oral Directions is another game all together.

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