Hi

I am going through a divorce for over 3 yrs and final hearing is going to be in April 2009.

Married for last 25 yrs and had been treated very badly as he controlled the total financies and all accounts on his name.

I have no idea of the money he has but he refuses to give any evidence we ask.

I have given voluntary permission to all accounts etc but he is never satisfied. He has spent a lot of money to his solicitor. His solicitor is ruthless and mine very mild and inexperience.

I have tried to guide my barrister on the matters but he does not tell much. The solicitors are even worse.

I am scared what happens in court. Can they prodce surprise evidence in court or they have file earlier to the court.

I do not know what to do.

Please help.

RDR

Hi RDR,

The purpose of the Court is to hear the arguments from both sides and decide. That cannot happen if one side springs a surprise.

The evidence has to be available to both sides and filed at court.

Kind regards,

YA

Hi
They have to file with the statement and bundles submitted to the Judge 14 days prior to the final hearing.

DO you have any suggestions what to file at court apart from the financies etc.

Thank you very much for the info.

Hi RDR,

As you are the Respondent all you need to prepare is the Form E and supporting documentation, a chronology, schedule of issues and compliance with any directions from previous hearings.

Ideally your statement of issues and chronology should be the same as your stbx's.

You say you have a solicitor, they should be doing this for you.

You have the right to go to the court and inspect your court file and you may wish to do this if you feel there is a chance your solicitor has not been keeping you fully informed and indeed if you think your xtb's sol may have slipped something in.

Good luck

YA

Do you mean the Form E etc in first paragraph are the same which we have prepared during this case or do we need to update them.

My Sol have asked my husband sol to make a copy of the bundle for us for fee. I am worried that they will not include the relevant info which would help my case.

I have read that one can agree on the final bundle with the other side. Is this possible. My husband's sol are very good in not proviiding / avoid things.

Compliance with any directions: my husband side have given things but not the relevant info. Often they say we are trying to get the info and never give them to us.

Thank you

RDR

Hi RDR,

The Form E should be as before but the totals of money available updated, eg changes in income and capital.

The copy of the bundle you get should be the same as the copy the court gets. You can agree the indexation and content with the other side, that would be good. If they don't agree then you just bring along 3 copies of supplementary info to the hearing, having filed your own copy on the court and served it on your stbx's sols earlier.

Your barrister should make it clear to the judge whether any info is missing.

A word of warning RDR, if at any time you think your barrister is selling you short, do not be afraid to stand up and ask the judge for permission to speak with your barrister. If he/she allows it talk to your barrister. If he doesn't allow it then tell the judge you are forced to dismiss your barrister and are taking over the case yourself.

This is a very serious step but one to be taken as the rest of your life is in the hands of your barrister who should not be considered divine, barristers are as human as anyone and can make mistakes, but you will be living with that mistake for ever.

Good luck!

YA