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

01202 805020

Lines open: Monday to Friday 9am-5pm
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.


Non-molestation / Occupation Order

  • gone1
  • gone1's Avatar
  • Platinum Member
  • Platinum Member
More
06 Oct 07 #4390 by gone1
Reply from gone1
Sera. 108 pages is very long. Is this double line spaced? At 54 pages of single spaced is very long. I was told to answer like for like in inches. But the answer statements I did with me and ....... have issues surround the mariage or something like that. Thing is a judge has to read all this stuff. I cant imagine him / her being to happy at having to wade thru all this.

Its my understanding that you have pull the issues out and focus on them. There must be 3 or 4 main issues that can be focused on? If you give say 6" of text to each and just sumarise the rest?

From what my sol said non mol is a non event in court. And round here its a precursor to ancilory relief. What my ex did was hide an occupation order behind it. Another common practice round here.

For the life of me I cannot understand what this case is about. I could understand it if you molested him everytime you saw him but you dont from what you say and you share the same house. Now if this action is a ploy to get you out the house than it makes sense but I dont think it will work. I dunno. There is nowt as queer as folk. Chris.

  • Sera
  • Sera's Avatar Posted by
  • User is blocked
  • User is blocked
More
06 Oct 07 #4391 by Sera
Reply from Sera
The 108 pages, is double-spaced on his and his mates 'witness' statements. On the transcripts he provides, it's single spaced! Basically, my husband recorded just about every convo that we had for two months, to 'cherry pick' some moments, His sol, has padded out this Trial Bundle, with transcripts of these, (selectively editing) and making it look like a case.

Yes, it's a long diatribe of nothing. Yes, it's designed to rid me of the house.

In the 5 page Statement, I have brought up the most significant evidence, which I hope will stop this case dead.

I have a fear of having his legal bills thrown at me, so I really need to defend every last line!

I'm getting there. I'm looking forward to the 'month off' between delivering it, and the court date!

  • gone1
  • gone1's Avatar
  • Platinum Member
  • Platinum Member
More
06 Oct 07 #4403 by gone1
Reply from gone1
Sera. I dont think you have the time to go thru 108 pages of a case. The judge is likely to be mighty pissed at this. This is the man you have to impress. Dont forget you can swear as many docs as you want. Within reason if you like. You could swear 2 docs. One is like your main doc and the other is like a summary that has all the main points in it. That way the judge does not have to wade thru so much. They realy dont like loads and loads of crap. You need to be succinct and to the point. Chris

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
06 Oct 07 #4405 by Fiona
Reply from Fiona
My tuppence worth. Remember he has to prove molestation rather than you disprove each allegation. Perhaps keeping in focus the points the green ogre raised at the beginning of the thread might help;

1. There must be evidence of molestation. (That includes not just proof that you said what he says you said, but also that it was in the circumstances "molestation".) See later.

2. The Applicant must need protection. He clearly doesn't. He provoked a row, did unforgiveable things, you reacted with harsh words. No threats. No pestering. End of.

3. Judge must be satisfied "on the balance of probabilities" that the Court's intervention is required to control the behaviour complained of. It clearly isn't necessary. You were provoked beyond endurance and all you did was shouted angrily at him. No provocation = no reaction. Anyway, once bitten, twice shy. You know what his hypocritical game is now.

By reason of all the above, there does not need to be an order, and in fact the aplication was clearly motivated by malice not the need for protection.

  • Sera
  • Sera's Avatar Posted by
  • User is blocked
  • User is blocked
More
06 Oct 07 #4414 by Sera
Reply from Sera
Thanks guys, and just to confirm I have written 5 pages for my statement. (Fiona, I had adhered to all the advice from Wills post on my first staement)...

Can I just add this: (no one answered from before). We have agreed a form of undertaking) Not to enter each others bedrooms, and not to call each other.

But my ex had said he wanted me out of the house... hence I chose to defend. They've since added more 'conversations' between us. There are no accusations of molestations! What he refers to under molestation, is my action of calling him (citing harrasment), and most of the transcriptions are about business.... No threats to him. Although he's got a few dodgey musician mates to call themselves 'clients', and say my presence in the home, makes him unable to work.

I know the court is going to get pissed off, the whole thing is a sham! But, it's not my case, I'm merely defending it.

I have supplied a 'supplementary' Statement, and I've written on there my apologies for the judge in it's length, but feel I need to defend each alligation.

  • steve_g
  • steve_g's Avatar
  • Junior Member
  • Junior Member
More
08 Oct 07 #4452 by steve_g
Reply from steve_g
My problems seem Like a Brian Rix false compared will what
having to do, you be young to remember Rix
anyway just sending best wishes, sounds I like you need it
Steve

  • Sera
  • Sera's Avatar Posted by
  • User is blocked
  • User is blocked
More
08 Oct 07 #4459 by Sera
Reply from Sera
Well, I've got through it all! Burnt the midnight oil.

Have prepared a Six page 'Second Statement', and a further
'Second Supplemental Statement' another seventeen pages, that deals with the 'he-said-she-said' bits.(His sol has called them by these names, so I followed form).

THERE IS NO MOLESTATION ANYWHERE!!!!

There is even a line in x2bs statement that sayd ...

"Even though there's no physical violence".....

........ then masses of pages of lies, mates Statements, and 'he-said-she-said' diatribe. Which does not illustrate the truth.

Also, I'd asked Ex what his bill might be? (Being that if I lost I stand to have to pay it)...he said that it was none of my business, and cited my question - as yet more 'harassment' of him!

Do I have a right to know? (so I have a ball-park figure) as to what likely cost all this?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11