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1st Appointment and Questionnaire

  • Hadenough123
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2 months 1 week ago #513397 by Hadenough123
1st Appointment and Questionnaire was created by Hadenough123
Hi

Helping a family member and have just heard the ex. wife will be represented by a Barrister. Is that normal on a First Hearing? Why would someone pay all that money for a First Appointment.

The Hearing may be canx. at the last minute according to the Court and could be only the day before.. What happens then?

The ex. also states that she does not have a second (cash) job. How do we prove that she is working.

We have received a Bundle from her Solicitor. Do we have to do a Bundle and send to her and the Court. How does this work please.

Any advice would be most helpful and thank you.

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  • .Charles
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2 months 1 week ago #513399 by .Charles
Replied by .Charles on topic 1st Appointment and Questionnaire
Sometimes it is less expensive to instruct a barrister than a solicitor. It is more common at the current time as barristers are more used to dealing with remote hearings by Zoom, Skype, telephone etc. Is the hearing likely to take place remotely?

If the hearing is cancelled it will be adjourned to another date.

The cash job is difficult. What makes you think she has one?

Normally the contents of a bundle is agreed between the parties and submitted to Court by one of the parties. You would only need to submit a supplemental bundle if there are documents that you wish to be included that were not available or the other side failed to add.

In any event the FDA is a directions hearing and there is not a 'bundle' as such - it's just a few documents such as the Forms E (not necessarily including the enclosures), chronology, case summary etc.

Charles

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  • hadenoughnow
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2 months 1 week ago #513400 by hadenoughnow
Replied by hadenoughnow on topic 1st Appointment and Questionnaire
Quite a few FDAs are being adjourned and/or relisted as paper only hearings.

These are a bit different to ordinary FDAs so it is important to read the adjournment notice really carefully to check what needs to be done and when.

Does the other party have a solicitor? Have Form Gs been done?
Is there any chance your friend may be bounced into a settlement? i.e. have questions been answered?

The matter of cash earnings is hard to prove. You may be able to point to a lack of cash withdrawals or pattern of small debit card transactions. There may also be a discrepancy between actual spending shown on bank statements etc and declared income needs e.g. £400/month for food but only £150 actually spent on grocery shopping. This can be raised in the questionnaire but is more likely to be considered a matter for cross examination a lot further down the line.

Hadenoughnow

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  • Hadenough123
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2 months 1 week ago #513418 by Hadenough123
Replied by Hadenough123 on topic 1st Appointment and Questionnaire
Thank you Charles for your response.
The teenage children of the ex. when telephoning have said mum's working at the pub on more than one occasion plus texted mum's working at pub). Recently the youngest has said mum's working voluntary at the pub (after the questionnaire was sent to her solicitors). I've never heard anything so stupid... she has worked there since March) whilst on furlough.

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2 months 1 week ago #513419 by Hadenough123
Replied by Hadenough123 on topic 1st Appointment and Questionnaire
Thank you for replying, really helpful information.

The Form G was sent with the Form E. The questions have not yet been answered and her Solicitors have sent 38 questions regarding Finance. I am worried that he may lose the house as she is going for 100% of the property that he bought in his name in 2006. They were married in 2012 and separated in 2017.

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2 months 1 week ago #513420 by Hadenough123
Replied by Hadenough123 on topic 1st Appointment and Questionnaire
Sorry The Form G was sent in with Chronology.

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