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Day in Court

17 replies

scootergirl111 · 04/07/2017 12:13

So following on from my previous past asking for advice I am due in court tomorrow morning to face my ex over the sale and division of equity. I wont go over the facts again but basically i feel his share should be reduced.
However I am representing myself and although nervous I had prepared my self and was feeling confident until this morning. I received a letter from my ex's solicitor saying that my ex and his Barrister would be attending and would be there half an hour before the hearing and asked that I could be there early as well so that there could be "constructive discussions"
Is that normal? I feel slightly intimidated now to be honest which is making me cross.
Should I talk to his Barrister ?

OP posts:
gruffalocake2 · 04/07/2017 12:16

That sounds like they want to make a deal before the hearing because they don't think/aren't sure it will go their way. Maybe you should feel more confident!

babybarrister · 04/07/2017 12:49

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Message withdrawn at poster's request.

scootergirl111 · 04/07/2017 15:12

Thank you
I feel a little better about it now. Do you think it would be in my best interest to come to an agreement or go into the hearing and hope the Judge comes to a favourable decision.
My ex has lied about almost everything he put on the Court application, dates he left, the Mediation process, monies paid etc and I have supplied written evidence to counter everything he has said. As well as this he has not paid a penny towards the Mortgage and owes me around £8'000 in unpaid Child Maintenance. I feel the Judge would find in my favour but I may be being naive.

OP posts:
QuiteLikely5 · 04/07/2017 15:18

Definateky hear the barrister out.

I would not show him your evidence though, play your cards close to your chest and save your evidence for judge!!!

If he's lied to his own barrister then he stupid

I didn't see your previous thread how much equity is on house and what is he offering you

QuiteLikely5 · 04/07/2017 15:19

Oh and perhaps he is coming to offer you a reasonable settlement so do think about what is fair and reasonable

Collaborate · 04/07/2017 19:58

I would not show him your evidence though, play your cards close to your chest and save your evidence for judge!!!

Bad advice. If you think the judge will allow you to spring surprise evidence at the last minute, think again.

Familylawsolicitor · 04/07/2017 20:55

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scootergirl111 · 04/07/2017 21:26

Oh well that makes sense I am much more at ease now I understand how it works thank you.
He is asking for 50% despite not paying his share of the mortgage or making any contribution to anything since he left
I have already submitted my evidence which proves he is a liar so I am no mood to back down.
But I will meet his Barrister I would much rather sort it out tomorrow if possible. Its annoying though as he would not even go to mediation when we could have sorted all this out.

OP posts:
Familylawsolicitor · 04/07/2017 21:32

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BeachyKeen · 05/07/2017 15:24

How did it go?

scootergirl111 · 05/07/2017 17:00

Well I feel it went very well, I managed to come to a settlement with his Barrister before we went into the hearing, it took a while as I really dug my heels in, but the Usher was very good and kept putting our hearing back. I came away with a 70/30 split in my favour so I am pleased with that. I had to agree to put the house on the market fairly soon and agree that was full and final settlement on all financial claims.
I would advice any one else in my position to not be afraid to push for what you feel is right, I felt quite intimidated at the prospect of the court hearing, but in fact everyone was friendly and helpful, even his Barrister was ok and said that he understood it was not easy to do this without representation. I think he knew what a lying arse my ex is but obviously had to do his best for him. The Judge was friendly and it was just in an office so not so bad as you might think.
You guys have been amazing as well and I thank you very much, simple clear advice and opinion, you actually empowered me today thank you all again

OP posts:
Familylawsolicitor · 05/07/2017 18:10

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EggysMom · 05/07/2017 18:24

I'm glad to hear you had a good experience - I wish I'd seen this yesterday, I could have reassured you. I handled my own finance proceedings against an Ex who brought a barrister with him; and I came out with more than was originally proposed because I managed to ask one pertinent question that made the judge completely change things! My Ex's barrister was not as helpful as yours sounds, but at least she could draft the consent order for us both to sign, which saved me having to get any legal involvement.

BeachyKeen · 05/07/2017 18:49

Great to hear it!🌷

SilveryFlowers · 08/07/2017 15:27

So pleased for you, OP.

Traveller123 · 11/07/2017 07:52

To Collaborate. Well said about last minute evidence. My ex tried that and her own Barrister intervened and suggested that my previous offer made several months earlier was accepted on basis that judge would not accept last minute evidence and that my offer had been rejected without reason and no counter offer had been made. New evidence presented by ex-wife contradicted what had been included in Form E and earlier signed statements of truth. Judge awarded me costs on basis that if ex was prepared to accept offer made several months earlier then what was the point of proceeding to a final hearing. Judge commented that as deal was made outside courtroom then obviously either new evidence had come to light or applicants existing evidence had been discredited.

RedZeppelin · 11/07/2017 15:15

EggysMom out of interest what was the pertinent question you asked?

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