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Help explain this legal statement

8 replies

Gladiator16 · 10/10/2015 05:13

Can anyone translate this into English for me

The respondent Mr husband has permission to write the letter of instruction without agreement by the applicant wife provided they file a copy with the court on the day of the trial

This statement is in a general form of order ancillary relief as my husband will not agree the price of matrimonial home and court order valuation despite numerous agents valuing property .
I'm broke so can't afford to pay my half .
I asked his solicitor to let me pay out of my settlement but once again my husband said no and I offered selling furniture TV and post dated cheques he still said no
Are the courts going to be angry ?
I do hope some one can help
I'm awake all night and can't seem to settle
Thank you x

OP posts:
Offred · 10/10/2015 07:23

Is there an expert being instructed to value the home? My interepretation is that the court is waiving the need for you to agree a letter instructing a single joint expert (an impartial expert) to value property, providing he files it with the court before the hearing.

Gladiator16 · 10/10/2015 08:01

Yes the courts ordered it with the last financial court hearing there is a clause in the legal guide book as I'm still married he was within his rights to disagree with the price the agents value house at.
I pleaded with judge to make a decision and provided 3 valuations and a written offer of the sale
The judge wasn't able to over ride this legally
My husband then proceeded to flippantly name estate through his solicitor the agents he would agree to most of which where not in the are we live and some even unable to travel this far
He hadn't called them I had the job of asking them , all was a waste of time
I had weeks of trying to get him to agree one
When the finally did I agreed with his choice and said ok let's go
His solicitor was suggested how Mr husband could pay as is said I have no money at all. I think she feels like my husband is deliberately awkward but obviously is paid to represent him .
He refused to pay my half then logged order with courts
The difference in values is 65k in his opinion . The house is worth 280 maximum .
As for him getting house valued he has restriction with our son as only allowed contact supervised at centre . DV conviction which I prosecuted him for the last attack. His an angry man and hates the fact I ended it and
The restraining order has expired despite me going to court asking for a renewal they refused as he has not since assaulted me.
I live every day thinking today is the day My husband will empty the house.
I'm not materialistic and just want a life filled with kindness and love.
The furniture however would really distress my son out as he would think there was a robbery .
This is how I have come to a third hearing at courts and a 5th hearing with my son.
2 hearings to extend restraining order which again did nothing !
Thank you offred I am so grateful of your time xx

OP posts:
Offred · 10/10/2015 10:14

It makes me sad how frequently people are able to abuse the legal system by using their legal rights to perpetuate domestic violence. My sympathy. One day it will be over and you will be settled.

At a guess I'd say the court is trying to give him no reason to be able to object to the valuation by giving him more control over the expert that is instructed to value the house and make it into his responsibility to organise one of his choice without needing to formalise it with you.

Gladiator16 · 10/10/2015 10:24

I pray for the day every second !
I'm desperately unhappy and not intelligent enough to deal with solicitors ! X

OP posts:
Offred · 10/10/2015 10:27

The law is very complicated and legal jargon is confusing. That's why you need a solicitor and the solicitor should be explaining these things so you can understand. Don't do yourself down, it isn't a matter of intelligence so much as training in the specific field. They are an expert that you instruct to interpret things for you. Don't be afraid to ask/expect the solicitor to explain things to you - it is their job!

Elendon · 10/10/2015 13:58

I have the opposite. He has successfully applied for me to dispose of his considerable amount of junk in the house. Two expensive clear outs later, hasn't even touched the problem. I just sit and think what am I going to do with all his crap (costing thousands of pounds of debt which was attributed to 'my lifestyle').

Gladiator16 · 10/10/2015 17:59

Offred I can't afford a solicitor anymore so I struggle x

OP posts:
dunfightin · 10/10/2015 18:06

As a litigant in person you can ask the court to explain what it actually means. There are plenty of people who can't afford to represent themselves.
Ask in legal as there are several lawyers who post there and may be able to untangle the jargon.
Just turn up to every hearing and hang on to the fact that judge will keep in mind the needs of your son and his welfare is paramount.

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