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Second hearing and witness statements

  • Marusya
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21 Jun 12 #338075 by Marusya
Topic started by Marusya
Hi does anyone know what happen in the second hearing?
I’ve had a first appointment in the court this week. Me and my ex to be husband exchanged questionnaires which have to be answered by the end of 10/06/12. He represents himself, I have solicitor and barrister.
With my very limited knowledge on the second appointment my solicitor will try to reach an agreement between parties, if not then the case will curried to the next stage – FDR, and then judge will make a final decision. My ex-husband accusing me of having a property abroad, I have copy of deeds showing that the property was always on my father sole name. My ex to be is not excepting the documents. He is saying that he has a lot witnesses who can confirm that I was saying that I own the property abroad. It is all lie. I have legal documents to support my statement.
Will court takes into account witness (friends and family) statement or they will be concentrating on facts and figures?
Many thanks.

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21 Jun 12 #338081 by jonathancj
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An FDR with one party unrepresented is unlikely to result in a settlement. There isn''t another lawyer to put him under pressure to be reasonable. I struggle to see what the witnesses can say which overturns what the documents of title show. Only if you provided the purchase money for the foreign property will the court be interested. Otherwise, I don''t see him getting anywhere on that score.

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21 Jun 12 #338082 by Marusya
Reply from Marusya
Many thanks.x

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21 Jun 12 #338106 by Marusya
Reply from Marusya
Thank you for a quick respond.

My hus asking me lots of questions which in my opinion totally irrelevant i.e: working tax credit certificate for the last 12 months, confirmation from my employee that my trips abroad were business trip and not personal, why have I not contributed towards my pension, and many more.

I am on the legal aid; all of this has been checked by LSC. He knows that I and my son have nothing. What he is trying to do is to catch me out somewhere (not paying tax, pension or anything else) and create confusion in the court. Do I have to disclose to him all this information abt my tax, working tax, druging my boss into it, by requesting letter after letter etc?

  • hadenoughnow
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21 Jun 12 #338125 by hadenoughnow
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Was the questionnaire produced at First Appointment? Did the judge agree that all these questions should be answered? They do not generally like fishing exercises.

It is fair enough that you should provide details of income including WTC.

Is the pension a private or company one? Presumably you have not contributed because you cannot afford to?

If the trips were business trips, then could you simply say that? I am not sure he can demand proof from a third party. To be on the safe side you could ask your boss to sign a note confirming the trips which can be produced in court at a later date if necessary.

Hadenoughnow

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21 Jun 12 #338143 by Marusya
Reply from Marusya
The judge hasnt said anything about the questionnaire, he didn’t look at them.
I haven’t got pension, never contributed-as I cannot afford too.
Thank you for your reply.

I have provided all my income detail in the form E, including my tax/working tax credit, pay slips, p45, p60. All of those have been checked by LSC in order to qualify me for the legal aid.
My questions is, do I have to provide all of this AGAIN, to my ex- husband? I find those questions irrelevant and I don’t want to drug my boss in to it. He has supplied all the information before (changing of employment contract (from full to the part time), redundancy letter (no payments) etc. Now my ex is asking me to provide more silly info from my boss. I’m just afraid that I’ll lose my already insecure job-too.Its too much for hassle my boss. He is divorcing me and not my boss.

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21 Jun 12 #338157 by hadenoughnow
Reply from hadenoughnow
If all the information is in the form E just answer the question by saying "please see form E section x.y.

As far as hassling the boss goes, for now I would just confirm yourself that they were business trips. If they want more information they can ask the judge to order you produce it.

IF more evidence is needed at some point, you could type up a schedule of the trips and just ask your boss to confirm it.

Hadenoughnow

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