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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.

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Non-molestation / Occupation Order

  • Sera
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01 Oct 07 #4201 by Sera
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No not Lord Bath Fiona, Lord Barstard!!! ;)

OK, so I'm sat here working on my defense, no stone unturned. I've so far found about five false claim, legally 'PERGERY'. Now, since ex claims I was harrassing him all day in Kent, and my credit card receipts show I was 25 miles away, I have gone a step beyond in my proof. I've asked for CCTV footage from the car park of the shopping centre I was at. (They only hold it for 28 days, so they very happilly said they'd make sure I wasn't erased!)

Because of his massive lies, can the Family court accuse him of pergery? And would he likely to be punished for this? (it's not a criminal court, but if someone accuses moi of doing things I didn't do, I'll go to great lengths to prove he's lieing!)

PMT... next week, so i should eb even better by then! :lol:

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02 Oct 07 #4216 by Fiona
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Family courts aren't very tough when it comes to handing out penalties to those who overstep the mark. Sometimes a notice is attached to an order informing the recipient that he or she is liable to committal to prison for breaching the order or restrictions are placed on bringing further actions to court. Being liable for committal to prison and actually being committed to prison are two different things. :(

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02 Oct 07 #4218 by gone1
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No but they can throw the case out and she will get a costs award. But the most satisfying thing of all was that you proved in a law court that he was wrong and you were right. Thats worth more than anything and the lies that he told were just that. Lies. Chris.

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02 Oct 07 #4228 by Sera
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Fiona / Chris,

I don't want ex to go to prison, but I will come home and inwardly gloat if I win this (very unfair) case!

As Chris says, It's the 'justice' of proving he's lying, and the depths my ex will sink to - to bring me down.

Since I'm (so far) self-repping, my win will mean re-imbursing me for the stuff I have had to pay for, and I will have won against his very aggressive, very EXPENSIVE legal team. I'm a way off from winning yet. But I intend to fight my corner, if only for not having to be picking up his teams costs!

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02 Oct 07 #4234 by Fiona
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:SOh dear. I was writing more in general terms, not suggesting prison was a likely outcome in this case. Penal notices are used as a deterrent rather than a punishment.

Hasn't this thread done a full cycle now? I thought the awarding of costs was dealt with somewhere at the beginning.

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02 Oct 07 #4235 by Sera
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No, no costs discussed yet! (Chris was ordered to pay costs on his case).

In chambers, the DJ said if I 'lost' case, I could be subject to my ex's costs. I said I still wished to defend, (although I'm confused now about something); Sorry if I'm being a 'Div'...

When the judge asked for a 'solution', I said to draw up the agreed seperate bedrooms etc (within the house), his sol added the 'no phone' agreement.

I'm happy with that.

But, I also said I wished to defend. When I got home, my ex started going on about how it's my fault we're having to go to court! Now, if it's HIS case, and I only wished to defend it, I stated I wished to defend.

BUT: Is it seen (by the courts) that the issue is resolved with the 'orders' we had? (Because my assumption is that ex still wants rid of me)???

Ex told me after court that he still wanted me out of his home, (although I didn't legally get that in writing from his sol)... I'm confused now, as to why I'm bothering to defend?

I wrote to his sol stating that if he was so unhappy, one resolution was for him to move to his bungalow (it's a rental property he has), and his sol wrote back saying he has no intention of evicting his tennant, or occupying it.

Any advice, because I'm now a bit clueless!

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03 Oct 07 #4259 by gone1
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Hi Sera. Your confused? I am to. Its a totaly stupid thing todo. I dont know what he wants out of this. All I can see he is doing is using the legal system as a stick to whip yo ass wid. So let me get this right. He is bringing non mol action against you and he is talking to you? I would have no truck with him. Sounds like he has a lot more money than sense. Chris.

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