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lies on form e about marital debt

  • Elizabeth68
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17 Mar 17 #490118 by Elizabeth68
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I'm a litigent in person so hadn't realised this, I just thought I'd be able to take it along to the next FDR hearing as my back up to prove his lies and questionaires and answers have already been submitted at the previous FDR hearing (this is now the 2nd Fdr) so thankyou for that information.

Do I just send him copy of my 12 month bank statements clearly showing I paid all the bills and left him with them all upto date and also the mortgage statements proving the same at that point I left him and then the same to the courts and again ask where his debts were incurred .....
I've just collated so much evidence in my own favour since the last fdr hearing which I didn't even realise half of which existed until recently as he's even almost managed to convince me through gas lighting I'd left him in debt although Id had my doubts hence why I've been playing Miss Marple and digging deep lately

  • Bubblegum11
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17 Mar 17 #490119 by Bubblegum11
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Hi,
I'm also a LIP and can I just stress that what I say is based on my own personal experience of the process and is not intended as legal advice for you to act upon.

If his disclosure is still incomplete i.e. he has failed to evidence what the money from debts/loans he has was used for, you could issue a Schedule of Deficiencies.

Personally, I don't think the Judge at an FDR is too concerned with the evidence. That is more for a Final Hearing where you have to prove your case. I would just maintain that he did not pay your debts etc. and make that position clear. He has claimed that he did so it would be down to him to prove that is the case.

At the end of the FDR, if no agreement is reached the Judge will make Directions. You should ask the Judge permission to file and serve further evidence, stating what it is and the reason for it.

  • Elizabeth68
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17 Mar 17 #490125 by Elizabeth68
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Thankyou for your response bubblegum11. This next date set for thr 25/05 will be the 2nd Fdr hearing due to incomplete documents " being a LIP is very wea ring and stressful, how are you coping and how long has your divorce case been ongoing?

I feel my stbx is absolutely relying on all these delay tactics and as he still has occupancy of the family home whilst my son and I are currently residing in emergency accommodation paying more in rent than the mortgage itself that he is currently paying per mth and our lives are in limbo whilst he is presently inconvenienced.

The longer the case takes the less inconvenience of him having to move out. (I didn't realise my rights at the time of leaving him, we moved in with my mum before being given emergency accommodation. I left due to yrs of domestic abuse. It was bought to my attention to late that I could of obtained an occupation order aswell as the court restraining order I had in place once I'd left) hindsight is a wonderful thing as they say.

I'd appreciate any advice you could offer me bubblegum11 as this feels like a nightmare that's never going to end

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17 Mar 17 #490126 by Bubblegum11
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Hi,
You are doing great! I can relate to a lot of what you say. I have had some help from a barrister who has represented me at hearings. I will send you a PM when I get a chance to log in from a computer. :)

  • Elizabeth68
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17 Mar 17 #490127 by Elizabeth68
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Thankyou bubblegum11, I'll appreciate that very muchly


I have so far gone into the courtroom alone and Im finding it very overwhelming especially as the stbx is there too. He still has a power over me where I shrink in his presence as much as I try to stay strong and give the appearance he's not having any effect on me but my experience so far has taught me he still has a certain amount of control over my emotions.

The last date we came out of court and he followed me to my car making snide remarks whilst doing so which led me to havng a panic attack as I am still afraid of him.
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Unfortunately I just can't afford the courtroom representation and I don't qualify for legal aid as I earn too much to qualify.

  • Luna Shadow
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17 Mar 17 #490128 by Luna Shadow
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Bubblegum has given some great advice on the procedure for evidence.

Regarding being in court on your own - it is daunting - I have been alone for five hearings with another next week, and sometimes up against a barrister.

If possible, find a friend or relative (not new partner if you have one) who can come to court with you for support. If you apply to court for them to be your McKenzie friend then they can sit in the court room too for moral support. They would not normally be allowed to speak to the judge but can whisper in your ear if you need them, and also organise paperwork/take notes etc.

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17 Mar 17 #490132 by Elizabeth68
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Thank you Luna Shadow and yes I also found bubblegums advice very helpful in relation to my evidence which I will take on board.

I also find that useful that I could apy to thr courts to take a McKenzie Friend in with me, do you know if there's a specific form I should fill out for this or do I just write a letter asking?

I would feel very much more supported and confident having a close friend there with me during the hearing.

I'm shocked you have already attended 5 hearings, tou must be mentally exhausted. It really concerns me moreso now as I hadn't realised it could be dragged out for so long before a date is set for a final hearing. This is exactly what my stbx will thrive upon to retain his power within the fh

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