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re first hearing

  • diamond74
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4 years 1 month ago #483195 by diamond74
Replied by diamond74 on topic Re:re first hearing
no I have a solicitor hun x

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  • Lymm
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4 years 1 month ago #483463 by Lymm
Replied by Lymm on topic Re:re first hearing
Well done you . I hated going to court and having to face him as he bullied me for years. I wish I had been brave enough to do this myself as now I have a ten grand solicitors bill to find.
He seems to still get away with whatever he wants and is disregarding the court order so wonder if any of it was worth it.
Good luck to you, my ex s finances were a work of fiction and the judge could see it. She was strict with him but as he lives in Mexico now I think he just thinks he can do what he likes.
Keep strong x

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4 years 1 month ago #483742 by diamond74
Replied by diamond74 on topic Re:re first hearing
thanks huN i hope you get the outcome you deserve x

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  • Bulldozer23
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4 years 4 weeks ago #483853 by Bulldozer23
Replied by Bulldozer23 on topic Re:re first hearing
I have my FH next Monday and am self repping. :unsure:

sorry for the long post

I submitted my form E and questionnaire etc, on the court ordered dates but his solicitor did not. I even emailed them asking for confirmation of when we would exchange questionnaire etc, (had the Form E) and they have not replied. He seems to think as a serving police officer he does not have to comply with the court orders.

I am due to get their bundle today or tomorrow and it will be the first time I see their questionnaire and statement of issues.

In preparing for the hearing, I just wanted some pointers on anything I need to clarify.

I have said in my statement of issues - I cannot yet say what they are given he has provided an evasive and incomplete Form E . Is there anything in particular I need to be aware of on these issues:

1. We are currently not in agreement on which mortgages are against which property (we have FMH and a BTL)he is trying to link a mortgage we took out against the FMH to have a deposit for the BTL against the BTL, not the FMH

2. He is in rented but is stating he wants to buy a large 4 bed for him and his new partner and kids (he has 1 of our 2 children 2 nights a fortnight). I understand if this is the case his housing needs are met, but if he is planning on buying he needs to provide evidence of his borrowing capacity?

3. He has tried to hide part of his income even though he is public sector and it shows on his payslip

4. I have an email from him some time ago, stating he would repay some money he took from one of our accounts £6.5K when he left, out of his share of the equity, when should I bring this up? At the FH or FDR?

5. he is quoting a CM figure but no evidence to back up how it has been reached and which I don't believe is correct

6. He has said under conduct, I have refused to negotiate a settlement through correspondence or mediation . He cancelled mediation 3 times then refused to go back despite me urging him to change his mind. His solicitor then expected me to negotiate blind with no financial disclosure from him, I'm guessing they are going to try and use this as grounds for a costs order against me - Are they likely to raise this in FH or wait for FDR? and if so how/when do I need to address this in FH or wait for FDR?

Any help greatly appreciated

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  • hadenoughnow
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4 years 4 weeks ago #483859 by hadenoughnow
Replied by hadenoughnow on topic Re:re first hearing
Can I just clarify which hearing is coming up?

First appointment
FDR
Or Final Hearing

If it is first appointment, you will need to prepare your own statement of issues, questionnaire and schedule of deficiencies setting out what is missing from his disclosure.

The point of first appointment is to make sure all the financial facts are known before you make offers that can be discussed at FDR.

Hadenoughnow

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  • Bulldozer23
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4 years 4 weeks ago #483862 by Bulldozer23
Replied by Bulldozer23 on topic Re:re first hearing
Sorry, yes it's a First Appointment,

I have submitted my questionnaire, statement of issues (which states I cannot yet say what they are as he has not provided a full disclosure) and chronology.

I'm just trying to prepare for the day and how best to position any arguments to get certain questions answered - I have thought about which questions are critical to have answered and which I'm willing to let go.

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  • hadenoughnow
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4 years 4 weeks ago #483864 by hadenoughnow
Replied by hadenoughnow on topic Re:re first hearing
The issues are those things that need to be addressed and on which there is no agreement.

They would be things like the value of the property, housing needs and costs, income needs etc.

The schedule of deficiencies would be a list of what is missing from the disclosure. This would be things like missing bank statements, unanswered questions regarding accounts etc.

Your questionnaire should address clarifications required. It can include questions about things that have not been fully disclosed ie payments made to undisclosed accounts, large payments, living costs, salary, bonuses etc.

There may well be some crossover.

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