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FDA Hearing

  • smiledownonme
  • smiledownonme's Avatar Posted by
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  • New Member
07 Feb 22 #518823 by smiledownonme
Topic started by smiledownonme
Hi All

This is my first time posting after finding this great website today and I'm hoping someone can help with a few questions I have.

I'm now a LIP after spending £000s on legal fees and mediation with my abuser ex. He has a solicitor, which is being funded by his family and I am certain he is going to not settle and go all the way to FH to continue his abuse of me post separation; he's been so difficult so far to the point I've now run out of money. He is self-employed but apparently he has no income due to Covid, despite his form E bank statement evidence showing lots of income and excessive spending over the last 12 months. We've exchanged questionnaires (I wish I'd found this website first as I think I've maybe let myself down on what questions I've asked him) and the FDA is next week.

We originally had a non-attended hearing but there was so many issues and I filed a position statement which his solicitor objected to (I didn't know I couldn't - oops) so the judge said they felt I would benefit from an attended hearing (via telephone) and set a later date. Since then, his solicitor keeps writing to me about exchanging questionnaires before the attended hearing and I'm not sure what to do. My understanding was that the judge would consider the questionnaires at the FDA and advise what to answer/what not to answer but is there any benefit from providing some of the answers now? There are some questions that I need guidance on what evidence should be supplied, if any. Other questions that I'm not sure as to their relevance. Also, should I keep my responses to the bare minimum or should I provide in-depth answers that really clarify my position. I guess what I need to know is how these replies to the questionnaire are to be used in the proceedings.

Also, my ex has stated a downright lie as to when we started co-habiting on the chronology - we weren't even living in the same continent for the 2 year discrepancy never mind living together. How and when do I bring this up at the hearing?

Lastly, can I now change my position on the valuation of an investment property at the FDA? I obtained a single desktop valuation for the form E as we have tenants living there and did not want to alert them as yet to the fact property will be sold (when I can get my ex to agree) by sending round estate agents but I've subsequently discovered that it may be actually worth considerably less. He agreed the valuation too so it's generally accepted for the proceedings but it's actually going to have a big impact on what is in the pot for division of assets and I really need to get the figures right as I want to try and stay in the FMH with my son.

Sorry for the long post and hope I'm posting in the right place!!!

Thanks in advance.

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