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Final Hearing Filings - LIP/Ancillary Relief

  • Montrachet
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06 Dec 07 #8570 by Montrachet
Topic started by Montrachet
Hi Everyone, and look forward to your help.

I'm the respondent representing in person at a FH end of January.

I've been ordered, as has my X2B, to file and exchange a consise S25* statement in a weeks time. She has a sol/barrister representing her.

*(S25 1973 Matrimonial Causes Act I guess)

By way of background, X2B despite being tha applicant has been a nightmare. Usual stuff: lies in form E, late filings (questionairre replies from first appointment 3 months late arriving 2 days before FDR), complete character assasination of me, and her sols even lied at the FDR. Not to mention unreasonable demands.....

Anyway, I need help on what I should file next week. Am I on the right track putting together a consise statement of background (family circumstances b4 separation, and since), what my income/capital needs are and what I perceive are reasonable for my X2B, along with a schedule of assets and chronology? Or should it be the whole bundle? ie documentary evidence of everything I say, including exposing lies and perjury (as these have a bearing on costs)

Appreciate your help.


:unsure:

  • Vail
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07 Dec 07 #8644 by Vail
Reply from Vail
Montrachet,

Look at:

www.jsboard.co.uk/downloads/fambb/11_ancillary_relief.pdf

That gives a bit of info. A week isn't much time. You may need it all - no work, no play, just paper collation.

The most important things are those listed under 11.11 on the above site but you should remember that you have no more than 7 days after being served the applicant's statement to file your proposals.

Shove in anything that bears on costs (assets, income, court time etc) but appart from affidavits I don't think you need to include the proof in the bundle but do bring it to court because if relevant you may be asked to substantiate your claims/allegations.

  • Montrachet
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08 Dec 07 #8670 by Montrachet
Reply from Montrachet
Thanks Vail! Very much appreciated.

Lots of very very useful information on that site. Here's the index link if anyone else wants to look at it:

www.jsboard.co.uk/family_law/fbb/index3.htm

The section on costs is particularly interesting, but like a lot of information in the family law arena it conflicts with what I've read elsewhere! I guess what it comes down to is the Judge having very very wide discretion as to what he orders. All a liticant can do is put forward a balanced and reasonable argument always with reference to the proceedings.(and expect the worse!)

At the FDR I felt at a disadvantage because the Judge used the other sides notes, statement of assets, and chronology rather than mine. All these documents had inaccuracies and bias. I was only presented with them an hour before the hearing, so I didn't really have an opportunity to analyse and digest. I don't want to repeat this mistake. Always in an argument you're in a better position if your version of events etc is the starting point rather than being on the defensive. Ho hum.

Would really appreciate more comments/ actual experience of a final hearing.

Many thanks

Tim

  • Louise11
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08 Dec 07 #8671 by Louise11
Reply from Louise11
Hi Montrachet,

Always prepare your own bundle and get it filed at court as soon as you possibley can usually 7 days before like Vail said. Also always give the other side a copy aswell. If they file theirs late or give it to you 1 hour before the court, ALWAYS bring that to the Judges attention, its their way of trying to pull the wool over your eyes. If you have only seen a document that they show in court one hour before tell the Judge. Infact you could actually ask for an adjournment based on this alone. Whether you want to is another thing. Do not take much notice of the FDRs, noone actually reads anything, if you look at my profile and look at my forum postings in there, there is one on what it is you should file for a FH. (just a mo i will go and look it up, brb) Found them, look at number 18, 34 and 40. They are in my forum postings.
Never rely on the other side to give you any infomation, they dont otherwise you might be able to win and it doesnt look good on them if you do.
Any help i can give you just ask away, if you want i will email you everything we put in ours, btw make yours as less complicated as you can, ours was a 50 page bundle with all evidence paginated, theirs was a 500 page document, with no evidence at all, the Judge relied on our bundle throughout and never looked at theirs once!

I wish you well and good luck, like i say give me a shout if you need anything.

Kind regards
Louise

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08 Dec 07 #8673 by Louise11
Reply from Louise11
Hi again

Sorry i was getting ahead of time here,

The statement you need to exchange and file at court next week is a statement that consists of thr relevant facts,

i.e. How long you were married, how many children, ect ect then all the issues and facts surrounding your case.
Issues agreed and issues disputed. You also need to get this sworn, you take it to the family courts and ask to swear it, they will then talk you through the swearing of it and stamp it. This is free, you can take it to a solicitor to do but of course that will cost you money. Anyway its better you swear it at court because you can then ask them to file it there and then.
Do not, not get this sworn, the other side will say you have not filed, even though you have.

Kind ones
Louise

  • Montrachet
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08 Dec 07 #8676 by Montrachet
Reply from Montrachet
Dear Louis11, many thanks for advise

I was writing with more detail but I couldn't post it. I guess because I was "timed out" arggggggg.

Anyway just a bit of clarification needed. should I get my S25 statement sworn?

Ta, Montrachet

  • Louise11
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08 Dec 07 #8680 by Louise11
Reply from Louise11
Hi Montrachet

Yep it needs swearing at! Oh sorry I mean sworn!:P
I have replied to you in email as well.

Kind regards
Louise

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