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Appeal hearing, what to expect - help

  • Miss Winter
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18 Sep 12 #356577 by Miss Winter
Topic started by Miss Winter
Hi,
Need help in what to expect or what to say at appeal hearing.
In a nut shell.
1. been divorced over 6 years. 2 children
2. ex remarried divorced
3. I have never remarried
4. Ex lawyer and comany director

(a) Ex went for downaward variation one year ago. After stopping payments 6 month before with no hearing.
Variation dismissed. original order kept in place. Ex made to pay costs.

(b) one month later: ex stop paying.
Still in high end employment.
(c) Hearing to enforce - SDJ puts all payments under CAPS payment
(d) ex tries to declare himself immediate bankruptcy. and applies for downward variation.
(e) Bankruptcy DJ bounces case back to family court.
(f) Family court sets up charging order, freezing injunction as ex forgets to inform court of shares vesting. final hearing set for november.
(g) ex trys to get freezing order lifted 3 times. SDJ refuses.
(h) at last hearing i applied for Clean Break, can not handle any longer.
(i) shares vest, held in account as freezing order in place till final hearing.
Ex applies to appeal freezing order and third party documents to be thrown out before final hearing.
in the high court what should i do. we have SDJ transcipt, which basically sets out freezing order etc in place due to past bad behaviour.
Any tips. Thank you

  • TBagpuss
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18 Sep 12 #356579 by TBagpuss
Reply from TBagpuss
get a lawyer. It sounds as though you have a strong case, but it needs to be handled carefully.

If you are looking for a Clean Break you need to be specific as to what you are looking for (I assume you want capitalised maintenace?) and how you''ve worked out any figures.

It is clear that there is a long history of bad behaviour (which s/he hasn''t got away with) in the past, and the Judge will be aware of that.

I would receommend that you prepare a chronology which sets out the events, in a similar way to what you''ve done with this question, but with reference to the specific dates of each order / failed applciation, so that the Judge can easily refer to these in his bundle.

Make sure that all of the relevent papers are in the bundle - it looks as though this is your ex''s applciation so he/his lawyers will prepare the bundle, but you should get the opportunity to agree it and to insist on the relevent documents being included.

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