A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020
Mon/Fri 9am-8pm       Sat/Sun 2pm-8pm
Call for FREE expert advice & service info

re first hearing

  • Bulldozer23
  • Bulldozer23's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
4 years 4 weeks ago #483865 by Bulldozer23
Replied by Bulldozer23 on topic Re:re first hearing
Thank you

I have done the questionnaire along the lines of clarification on certain points and on what is missing.

I went off the templates on the LiP Resources on Wiki as to what I needed to provide and what was indicated in the court order.

Will I be expected to know any case law on any of the points I may need to argue he needs to answer, if so where is best place to find examples?

Please Log in or Create an account to join the conversation.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
4 years 4 weeks ago #483867 by hadenoughnow
Replied by hadenoughnow on topic Re:re first hearing
I would still draw up a clear schedule of deficiencies. This will make it easier for a judge to order that missing documents are produced. If they end up having to pick through the questionnaire, things may get missed.

I am not sure it is helpful for you to try to use case law . Is there something in particular you think you may need it for?

Please Log in or Create an account to join the conversation.

  • Luna Shadow
  • Luna Shadow's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
4 years 4 weeks ago #483869 by Luna Shadow
Replied by Luna Shadow on topic Re:re first hearing
No, you will not be expected to know or use case law in the first appointment, or the FDR.

I had an unusual situation where knowledge of case law would have helped me argue that a pension in payment needed valuing when the judge accepted his solicitor's argument that it did not.

However this was rectified at FDR anyway.

Concentrate on getting disclosure and unravelling the finances and agreeing on needs. Most of this is common sense.

Re the £6.5k you could put in a question to 'confirm that this sum will be repaid from his share of the equity'. This ensures that it is noted and not something you suddenly bring up later.

Ignore the conduct threat, no-one is forced to go to mediation . It would only be an issue if you refused to engage at FDR and/or submit open offers prior to final hearing. As you say until there is full disclosure you cannot negotiate anyway.

Please Log in or Create an account to join the conversation.

  • diamond74
  • diamond74's Avatar Topic Author
  • Gold Boarder
  • Gold Boarder
More
4 years 2 weeks ago #484248 by diamond74
Replied by diamond74 on topic Re:re first hearing
just had an email through to say that ex has requested adjournment for the date for 2nd hearing due to changing jobs,

i had no notification there was even a date set yet this has been agreed too!

so after adjourning 1st one 3 times now at it again :(

Please Log in or Create an account to join the conversation.

  • Luna Shadow
  • Luna Shadow's Avatar
  • Platinum Boarder
  • Platinum Boarder
More
4 years 2 weeks ago #484250 by Luna Shadow
Replied by Luna Shadow on topic Re:re first hearing
Sorry to hear that, so frustrating :(

However, although they can adjourn repeatedly they cannot adjourn indefinitely, the wheels of justice will continue grinding on and eventually you will get there.

Please Log in or Create an account to join the conversation.

  • diamond74
  • diamond74's Avatar Topic Author
  • Gold Boarder
  • Gold Boarder
More
4 years 2 weeks ago #484258 by diamond74
Replied by diamond74 on topic Re:re first hearing
Luna Shadow wrote:

Sorry to hear that, so frustrating :(

However, although they can adjourn repeatedly they cannot adjourn indefinitely, the wheels of justice will continue grinding on and eventually you will get there.


thanks Luna its so frustrating how they get away with it

Please Log in or Create an account to join the conversation.

  • diamond74
  • diamond74's Avatar Topic Author
  • Gold Boarder
  • Gold Boarder
More
3 years 11 months ago #485051 by diamond74
Replied by diamond74 on topic Re:re first hearing
on a positive note house has been valued now and the cost has to be shared by myself the ex and the intervener

Please Log in or Create an account to join the conversation.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11