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Final Hearing - My partner has not told the truth!

  • Becci25
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23 Mar 12 #319779 by Becci25
Topic started by Becci25
Please HELP!!!

On Tues I am in court for the Final Hearing in my divorce as the respondent. I am representing myself and have been open and honest in all of my forms and arguement. However, my ex partner has not!

He has claimed that the only dependent is with him 4 nights a week when this is false it is 50/50. He has also claimed that our daughter is living with him and is not working when this is completely untrue as she has worked for 18 months and is living with me! Also, he claims him and his partner can just make ends meet however his bank statements in the bundle show £600 on concert tickets, 3 all inclusive hols in 2 years etc.

How can I bring this to the judges attention without me making myself look ridiclous or annoying the judge??? Can I use the opportunity to question him to show these false statements? If so how do you make it so your not being aggressive?

Sorry its so long but he is lying on the main points to get the home sold now and not until the dependant is 18!!

Any help will be much appreciated

  • survive
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24 Mar 12 #319805 by survive
Reply from survive
Hi, sorry you are facing this. Let me guess another self employed person????

Unfortuntaly many people will lie blatantely in court. What you have to do is prove this. Make sure you prepare your questioning beforehand and have documentary eveidence of everything. You will receive a copy of the bundles before court so make sure that for every question you raise you refer to a page in the bundle.

For example about your daughter, have a copy of her work contract, wage slip, bank statement and ensure this is put into the bundles prior to the hearing you can than refer to this with your questioning.

You can also raise the question of his lifestyle versus his stated income. For example... "You say that you are unable to afford X,Y,Z and yet on your bank statement (bundle page number X), you can be seen spending X and Y)."
However the judge may not allow this unless you have significant questions as the judge may deem this as being petty (which it isn''t) but a judge may see it in that way.

As for the fact that daughter lives with you, you need some sort of proof for this. Has a contact order been put in place re: how many nights she spends with each of you?

Try and put your questions in categories too for example: Income, expenses, housing needs, ... base eveything on needs and around the marital clauses act.

You can question without ''being aggressive'', just try and make it like a business meeting and put your important questions first and cross through them as you go.
Make sure you prepare an opening and closing statement too (to set the scene).

Depending on what judge you have, as an LIP they may help and guide you through it or they may not (as in my case).

Good Luck

  • survive
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24 Mar 12 #319806 by survive
Reply from survive
sorry about the spelling - unfortunately and blatantely ( my brain works quicker than my fingers!!)

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