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ABSOLUTELY TERRIFIED!! LiP with FDA next week...advice?!

  • ParisenFleur
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24 Jun 22 #519516 by ParisenFleur
Topic started by ParisenFleur
Hello,
Just wondering if anyone has any advice/tips for me? I am utterly terrified about self-repping next week at our FDA!
I am the respondent & can't afford a solicitor, Ex is fully represented & has a barrister for the FDA!

His solicitors have been horrible & deliberately filed the court bundle without some of my paperwork despite me asking if they needed anything else from me on 2 occasions!!
It will be a remote hearing & I'm so nervous I feel sick just thinking about it.
ANY tips/advice will be gratefully received.
Thank you.

  • hadenoughnow
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25 Jun 22 #519517 by hadenoughnow
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There are very strict rules about what goes into a court bundle. For FDA it is an ES1 and ES2, chronology, and statement of issues. Where possible these should be agreed. Questionnaires from each party, if relevant, each party's forms G and H. Then there is a section of procedural documents - applications, orders and court notices. Another section would include Forms E without enclsures.
There may be a small number of additional documents if they are relevant to the hearing and relate to a potential dispute.

A position statement may be prepared in support of any specific directions that are sought as may a draft order.

The main purpose of FDA is administrative. It is aimed at ensuring all the relevant financial information has been gathered and clarified so that FDR can be fruitful. FDR is the hearing at which offers are discussed, negotiation takes place and the judge can indicate what a fair settlement would look like. You can settle by consent or if you cannot agree, will be sent on to final hearing.

You may well be asked to discuss the proposed order ahead of the hearing. If it can be agreed, then there's no need for a hearing. It will be done as a paper exercise. NB directions at an FDA are fairly standard

Judges have a duty to treat LIPs fairly. Some are better than others. You may well find the barrister does a lot of the talking. If you haven't agreed things like FMH value, you may be asked if agreement can be reached at the hearing. If not, a formal valuation will be ordered.

A lot does depend on the individual circumstances of the case.

If you are unable to afford a solicitor, it may be worth looking at our divorce consultant service. We can guide you through the court process, help with paperwork etc.

Hadenoughnow

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25 Jun 22 #519520 by ParisenFleur
Reply from ParisenFleur
Thanks for your response.

The missing part is that the bundle contains the ES1 and ES2 with only his information and not mine. This is because I wasn't told about the need for these documents until a few days before the FDA (April) by his solicitor (I have nothing from the court to me about these).
I was in a panic then as I didn't understand them (especially the bit about asking for orders) and had no time to think as by the point I was told about them, they were already overdue!
That hearing was then vacated due to lack of judicial availability...
I asked the solicitor what then happens to the due dates for the outstanding paperwork? to which they did not reply.
Court date was then set for 2 months later (now next week).
2 weeks ago, I emailed his solicitor to ask what further info they needed from me- they did not respond! so I didn't send anything as I still had nothing from the court to tell me about the ES1/2, so was relying on them to tell me when it was to be filed?
Then- I get an email from the assistant saying she is only updating the dates of the hearing...they copy me in to the bundle, which is missing my completed ES1 and ES2!!
I feel that they did that deliberately to exclude my information and make me look bad before the court.
I filed and served my completed versions the same day, but obviously they are not in the bundle.

Will the judge allow them to be included? or just say "tough luck- you should have sent them anyway"??

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02 Jul 22 #519548 by hadenoughnow
Reply from hadenoughnow
The ES1 and ES2 are less important at FDA. If asked just say you weren't asked to complete them in time and explain what you have done.

Hadenoughnow

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