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-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Position statement - please help

  • abus
  • abus's Avatar Posted by
  • Elite Member
  • Elite Member
More
23 Jan 20 #511172 by abus
Topic started by abus
Hi, I have a question around a position statement in relation to contact proceedings. I have filed and served a statement but have noticed (after it being picked up by the other side) that I have made an error.



I went to fact finding hearing and there were findings made against me. During the judgment hearing I was unrepresented, even though I was instructed a solicitor and had a barrister. The barrister didn’t turn up and also didn’t provide me with a copy of the written judgment. So I was unaware of the full contents of the detailed written judgement until much later. No attendance notes were provided to my solicitors either. An order was drafted which asked for me to file a position statement at a later date. My statement was based on my understanding of the hearing as a lay person and my subsequent understanding and interpretation of the order which was communicated to my lawyer.



Based on my limited understanding I incorrectly accepted the findings made against me (I didn’t realise this meant I was in effect saying the allegation made against me was true. It has only since the other parties position statement was filed did I became aware that my position in relation to the order which stated ‘whether I accepts the court’s findings of fact’ had been misinterpreted. I had interpreted it as whether I accepted that a judgment had been made not that I agreed with the finding.



My question is, can I submit an updated position statement or addendum clarifying this matter? And is there any application form I need to complete or can I just file and serve an addendum statement explaining the reasons why I am doing so.


I am really worried about this I dont agree with the judgement but accepted because I have lost all hope in the court system. I didnt realise i would be confessing.

Thanks

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
28 Jan 20 #511218 by hadenoughnow
Reply from hadenoughnow
I think this needs to be explored in more detail.

Give the helpline a ring to see what help can be provided.

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11