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Divorce and who to take to court

6 replies

hobbgoblin · 25/11/2008 18:09

A friend has been advised that in their Final Hearing, at which they will be representing themselves, they should not take their girlfriend as this would be brought up in court and considered inflammatory. The divorce is on basis of financial misconduct and not adultery. Can this be true? Is this just the solicitor just angling for some work representing my friend in the absence of his girlfriend, who has helped him with much of his paperwork?

OP posts:
poppy34 · 25/11/2008 18:15

are you saying girlfriend would be there to represent or support?

must say I always stayed away at any of the hearings my dh had as thought it was inappopriate (i wasn't ow but it is not really my business to be there)

hobbgoblin · 25/11/2008 18:22

It would be support rather than representation but without the support he wouldn't have the confidence to go it alone and would panic. big time.

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poppy34 · 25/11/2008 18:25

well I'm gkind of at a loss then - this is final hearing re finances etc - if that is the case, I don't think even if g/f was the correspondent (apologies for spelling) it should matter as I think behaviour is only taken into account in very exceptional circs. And as I assume g/f going to sit quietly out the way only offeirng moral support/coffee & sympathy when not in hearing i'm a bit surprised. and even if she couldnt come in -could she not drop him off so to speak and meet him after?

i am not an expert though so maybe someone else could help (there are a few good family lawyers here).

hobbgoblin · 25/11/2008 18:44

Thanks for answering poppy34

Any legal bods know the reality in this situation?

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hobbgoblin · 25/11/2008 19:25

Anyone?

I'm speakign to him this eve about it

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mumoverseas · 25/11/2008 21:09

he would be able to take someone along for support outside the court room in the waiting area but she could not go into the court room with him as she is not a party to the proceedings.
Although technically, the basis of the breakdown of the marriage, ie adultery etc is not directly relevent to the ancillary relief (finances) it can be relevant sometimes. For example, if the husband is in a serious relationship with a new woman and is going to live with her, it could be argued that this will reduce is outgoings (as his cohabitee would also contribute) so therefore the wife could argue that his needs were less than hers.
In my opinion, its never really a good idea to represent yourself at a final hearing as litigants in person tend to have a fool for a client. (although saying that, the Judge will normally give them more leeway than if they had representation, but only to a point).

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