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What did your solicitor include in Finances final hearing, Self Representing in Finances Final Hearing

8 replies

CudDoWifABitOfAdvice · 10/02/2011 13:02

Hello Ladies,

I wonder if you could offer me some advice please.

I am not going to have a solicitor or Barrister, yes I have been told it is a false accomony, I am broke and can't get legal aid.

I am the one to prepare the documents for the final hearing.

I know I have to paginate the documents, and give a copy to the judge, as the case was started by the exh, can I charge him for his copy's postage and copying charges, as it is going to be four large ring binders?

We were both self representing previously, he has legal representation again, his shark is back in the water, and the fee's are going to be taken out of the property without my agreement. They sent me that notification when it was too late for me to get a hearing before this final one to get rid of it.

I have found out what Mortgage I can get.

I have a minor disability, and have given previous evidence, do I need to give more? I am looking for long term maintenance, at least until the kids are grown up, can I get it until they have finished uni?

I also would like an agreement for teens to go to uni for him to help with fee's in light of the recent changes.

He has not seen the kids for years now, and he is remarried, he may even have a new kid for all I know by now.

What do I need to try and show? What should I remember? What did you have in your pack?

The court made an error and issued the decree absolute before the final finances hearing.

OP posts:
Resolution · 10/02/2011 13:48

If the other side now has representation they should be preparing the bundle. It's the practice direction.
google 'practice direction on bundles' - it's the first hit.

CudDoWifABitOfAdvice · 10/02/2011 13:52

Resolution, the other side did not tell me they were going to do the bundle? In the las directions hearing I was told to do it.

Do you think I should prepare a bundle as I don't think they will do it!

I have to say I have only had two letters from them in about four months, one to say they are acting on his behalf and one to tell me they were taking their fee's out of the equity of the house. I have never entered into correspondance with them, as they are sharks from previous experience.

Thank you for the correct thing to google, I will go and do that now.

OP posts:
CudDoWifABitOfAdvice · 10/02/2011 14:04

Resolution, the last time they sent it at the end of the day, two days before, so in effect I had one day to look over it and no chance to get legal advice, the final hearing was cancelled at the last minute due to a court issue, they also included things that were irrelevant from family contact case, to make me look bad. They also did not ask for any input in what was included etc. There are things I would like to include.

I think I will do a bundle, and give it to them at the last minute, and the court with time to spare. How many days from the hearing do you need to send to the court? I thought it was 10 days, but the document you linked to, said 4 days.

OP posts:
Resolution · 10/02/2011 17:02

supposed to be 5 days

iheartdusty · 12/02/2011 20:58

In your shoes I would:

  • make a list of what you want in the bundle
  • write to the court, copy to the other side, asking for a direction that ex-h prepares the bundles as he now has representation
-include a request for a direction that the draft index is sent to you at least 7 days before the final hearing for you to agree.

Preparation:

  • follow the directions given to you last time, ie whether you should be providing any further documents or a written statement.
  • expect to be giving spoken evidence, on which you will be questioned.
  • write one last letter called an 'open offer' in which you set out what you are asking for, and summarise in the letter how it would leave ex-H's position (capital, income and pensions if any), plus an outline of your reasons why this would be the fair and reasonable thing for the court to order.
  • you can then use this letter as the basis of what you say at the hearing.

What you need to try and show? That your proposal is fair to both of you; covers at least what you both need; is affordable; and takes into account all the factors listed in section 25 of the Matrimonial Causes Act 1973.

Resolution · 13/02/2011 10:51

well summed up lover of dusty (weren't you in Dallas?).

iheartdusty · 14/02/2011 20:46

thank you Smile

I don't know about Dallas, it was Ms Springfield I had in mind.

Resolution · 15/02/2011 00:03

Didn't dusty die in a plane crash? The Dallas one that is.

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