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Can a judge rule under TLATA even if the application isn't for that?

(14 Posts)
LegalNameChanger Sun 19-Feb-17 11:33:58

Or does the application have to be made.

If the application has to be made, can it be done on the day?

Thanks in advance

babybarrister Sun 19-Feb-17 11:38:53

Message withdrawn at poster's request.

LegalNameChanger Sun 19-Feb-17 12:37:05

Schedule 1 children act being heard at the same time as his matrimonial (I remarried blush

babybarrister Sun 19-Feb-17 14:04:18

Message withdrawn at poster's request.

babybarrister Sun 19-Feb-17 14:07:49

Message withdrawn at poster's request.

MrsBertBibby Sun 19-Feb-17 14:58:13

Yep, Thorpe LJ says one thing in Tee v Tee & Hillman, and the opposite in Whitehouse-Piper v Stokes.

You need really good advice, it's a bit of a minefield.

LegalNameChanger Sun 19-Feb-17 15:40:11

Thank you both.

I have representation from a legal exec. Apparently TLATA was too risky and expensive to use but he has now submitted his evidence which confirms the previously agreed division.
I also have a signed (but not court stamped) consent order saying the same. He lied in court and said he didn't sign it but has now submitted evidence showing that he did (from his solicitor) but that he might have been confused...

I can offer 50:50 division (he has refused this) can the court make him accept under schedule 1?

I have the children of the marriage and he has made no financial contribution to the house or to them in several years. I also paid and have proof of paying the whole deposit on the house.

I've no time for further consultation and my legal exec has not had time to see me since I got his statement and court is a day away!

Will the judge look at the evidence I have that can counter his new claims/lies?

LegalNameChanger Sun 19-Feb-17 16:55:48

Also, The legal exec said that I am not allowed to contact the barrister beforehand so I have 60mins beforehand.

I have a lot of evidence. Is there a best way to present this that will be easier/quicker?

Thanks

babybarrister Sun 19-Feb-17 17:09:26

Message withdrawn at poster's request.

MrsBertBibby Sun 19-Feb-17 17:13:02

Schedule 1 generally only allows you to get the use of property during the child's minority. TOLATA deals with getting your share for you, rather than him.

Are you on legal aid? There's no reason you're not allowed to talk to the barrister, but you have to pay for it (a conference). Even legal aid pays for cons. And the solicitor needs to brief the barrister first.

I'm an extremely experienced family solicitor, and there's no way I wouldn't have sought an early conference with counsel, because of the complexities of your case.

guineapig1 Sun 19-Feb-17 17:19:06

I agree with babybarrister. Ring your lawyer first thing tomorrow morning - many practices will have phones manned from 8ish.

Is this definitely a final hearing? What listing time has it been given? When you mention 60mins time beforehand that suggests some kind of financial dispute resolution hearing rather than a final hearing. If you ex has submitted evidence you should have had an opportunity to do so too.

guineapig1 Sun 19-Feb-17 17:21:51

To clarify, is the barrister your representative had said you can talk to 60 mins beforehand yours or his?

LegalNameChanger Sun 19-Feb-17 17:42:49

It's my barrister.
Final hearing at 9am.

LegalNameChanger Sun 19-Feb-17 17:45:20

Thank you all for taking time to try to help me.

I'll try again to contact them in the morning but i haven't managed to get past the receptionist of late

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