My court case is coming up in a couple of weeks (I've applied to sell the jointly owned property my financially irresponsible ex has decided to live in a couple if months ago despite it being empty for a year previously and me erring ready to sell it). Unfortunately (for this issue) we have shared residency of our children so he is using the Children's Act to try and stop the sale as they live there with him 50% of the time. He can afford to live elsewhere but he can't afford to buy me out.
He's told me today ( in a heated argument) that his family have paid for him to have "counsel" represent him at the hearing. This means a Barrister doesn't it? They did this before so I know he's not bluffing. I can't afford a solicitor let alone a Barrister. I can't talk the talk like a barrister will, I don't have any knowledge about property legislation, the children's Act etc to argue my point other than stating the facts and hoping for the best!
After the first hearing (which he didn't acknowledge the paper work for, didn't respond to and didn't attend) the Judge made directions in his absence that were posted to him. I had to file a detailed statement to him and the Court and he was ordered to do the same. The order states he was to "file a detailed witness statement including any documents on which he wishes to rely upon" by a given date. The date passed a month ago and I spoke to the court today and they have confirmed he hasnt filed a statement. In short he hasn't responded to anything to do with this case at all.
So here my annoyance/question..He's "seen my hand" as it were- as he's had almost 2 months with my statement, knows all my arguments and has time to prepare his defence. Can he just turn up on the day and make his arguments without having first provided them as the Judge had ordered?
Lastly. I am worried and know I will be totally overwhelmed. Can I take a friend or my partner in with me? I've looked online and the answer seems unclear. I need someone for moral support , to take notes and hopefully flick trough paperwork, give me prompts if I forget anything or freeze up etc. I know they aren't allowed to speak for me or anything. I understand I need to ask the Judge- sorry to sound dim but do I just write her a letter and send it to the Court addressed to her? Do I need to name the person I want to come with me? Will she reply/ a Court clerk reply or do they just tell me on the day if I can or not?
Thanks for any help..I need to win this for my sanity, else I'm stuck owning a home with this idiot for God knows how many years and it will either bankrupt me or drive me crazy! Just wish I had money to throw at it. My solicitors bill is sky high and at the limit and I can't afford to clear it off so they are no help to me right now. Xx
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Self Representing - Taking a friend?
3 replies
mumtobealloveragain · 31/12/2013 19:29
OP posts:
babybarrister ·
31/12/2013 22:26
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babybarrister ·
31/12/2013 22:29
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