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what happens in court?

  • smoker
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13 Apr 08 #19387 by smoker
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hi,could someone please tell me when you go to court what happens?what sort of questions need to be asked?will it be a full court room ?who will be in there?i have never been to court before,so any info would be really helpfull,if you could help that would be great.........thankyou .....smoker

  • Angel557
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13 Apr 08 #19388 by Angel557
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I take it this is your first appointment, the only people in the room are the parties there barristers/solictors and the judge.You sit in front of the judge on a big table not much is asked tbh it's very quick, and a bit of a disappointment.If you have a soliciotr or barrister you don't say very much they are your voice piece.

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13 Apr 08 #19389 by smoker
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hi angel,thankyou for your fast reply,no it has not got that far yet,i just want to be ready,from start to finish how many times do you go?what is the difference between a solicitor and a barrister?would the judge ask me anything?thanks again

  • topaz
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13 Apr 08 #19391 by topaz
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Hi smoker, I too look to be facing the same as you..to court.It's daunting but better than what's going on now.At least an end is in sight then.the costs scare me though?what about you?I too need to know the details you've been requesting and the format.My x thinks he'll be able to tell the world what he thinks of me but I was told that a judge will only be dealing with the finances etc and don't listen to personal stuff.mine is like the poorer version of the Mills/McCARTNEY....X is Mills! take care.

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13 Apr 08 #19405 by Sera
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OK, I'm been there! Done that! Bought the T-shirt!.... and Won! (Me as LiP and ex, with team of seven Barristers, solicitors, and assorted hangers on). David and Goliath!

But that was ten years ago,... and then just two yrs ago, I finally trusted enough to re-marry.... and now, we're back in the Court drama.

I had a big 'Financial Information sheet' issued from the solicitor that did my Divorce, this explains the proceedure. (Not sure if it's available to download anywhere?)

First meeting for Financial resolution, you'll be required to make a full disclosure. Second meeting, you need Statements, (this process takes months and months!) If it goes to a full Hearing, (££££££££££$!) you may find the cost of dealing with it in Court would outweigh what you'd expect to receive in settlement. (Try and sort this away from Court).

... and in a Hearing, your husbands team (barrister) will indeed cross-examine you, try and shoot holes in your statement etc; (in a closed court). You, or your barrister will have the opportunity to cross-examine your ex, and the Judge will ask both of you questions. (This could go on for days also).

A solicitor cannot represent you in court, you need a Barrister, (the solicitor usually sits behind) but you can represent yourself, (like I'm doing at the moment).

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13 Apr 08 #19406 by BVG
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Hi Topaz & Smoker,

I can only tell your of my experiences so far. The important point to remember is to keep a dialogue going with your xtb's. Be honest and open with all your declarations and your form E data. Make any offers for settlement you think are reasonable

With the help of you sol. you should complete your Form E and this presented to the court and your xtb's before the first hearing. Ath the first hearing your representative (sol./barrister) will outline your circumstances. THe DJ will ask a few questions as will your respective representatives. THis may be in the form of a need for extra detail. Most of the above takes place in small rooms off the DJ chambers. The reps will talk amongst themselves and try for common ground and deals. You will be summoned into the DJ chambers then. Only you and your reps are present and your xtb's, no one esle. the chambers are usally quite cosy and friendly, as is the DJ.

The DJ will sum up and give directions about needs before the FDR is listed. BOth of you can make offers of settlement at any time and indeed if these offers are not ridiculous they will be taken into consideration. Ensure that all offers are in writing and retain any replies to offers.

At the FDR again with your representatives, the DJ will sumarise so far and ask if all directions have been fullfilled. Your reps. will ask questions of each other and put forward any furhter offers. The DJ will sum up again and if an offer has been accepted, nmove things on to a consent agreement. If no offers are acceptable, the DJ may sum up, and give his opinion on what he thinks is a possible/reasonable settlement. THe DJ will then list the proceeding for the Final Hearing.

Agian most of the above takes place in small rooms off the DJ chambers. The reps will talk amongst themselves and try for common ground and deals. You will be summoned into the DJ chambers then.

At the FH the evidence bundles will be examined and your reps will cross examine your xtb's and you will be cross examined. Maybe for 30-60mins. The whole process usaully takes a day. The DJ will then dimiss you and will examine all the evidence and make a decison. You will be called back in and the DJ will declare his findings and decision. A Consent Order will then have to drawn up and signed off by all. This process may take a futher couple of weeks. You have no influence or argument over the DJ final decision.

It can be a formidable experience but be honest, open and fair. Good luck to you bothe

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13 Apr 08 #19423 by smoker
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thankyou for all of your replys ........topaz,i am lucky i have got legal aid,i have first app with mediator next week so maybe it might not get to court but everything has been such a shock to me, anything could happen!i have got to pick myself up and fight,hope it goes well for you........sera,what a terrifing experiance,i wish you lots of luck, at least you have faced this before and have some idea of what your up against,although it probably does not make it any easier,i thought a short marriage was a straight forward(2 years married?)what a nightmare! thanks for your help........bvg fantastic details thankyou,but the thought of being cross examined!omg!i just know i will be in bits(i have nothing to hide)my x is a clever lier,i am not,and this is only what you have faced 'so far'!!!good luck pls let us know what happens next..................smoker

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