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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 895
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I need urgent help please. I am going through a contested

Customer Question

Hello
I need urgent help please. I am going through a contested divorce now due to the nature of the beakdown of the marriage. I have been advised that i would need to appoint a barrister for the trial.
1) How do I go about appointing a good barrister?
2) what would i have to provide for him?
Also, I have the witness statements. My witnesses are based abroad now and travelling for the trial may be difficult.
3) Can their statements be relied upon and admitted by court with sworn oat? They want to be able to testify by skype or telephone link
4) Can use of communication technology be suggested to court and will this be accepted?
5) If so how do I go about doing so?
Please reply urgently
Many thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question.
It is very rare for divorces to be contested. Practice Guidance states that it is good practice to record the reasons in correspondence and detail in the Acknowledgment of Service Form that you disagree with the reasons stated and reserve the right to defend such allegations if they were to be used in any other types of proceedings.
In relation to instructing a barrister - it used to be that you had to instruct them through a Solicitor. This has now changed and you can instruct a barrister directly which can save you some costs.
There are lots of direct access barristers. You can google for one that covers your local court. One such national service can be found at:
http://www.directaccessportal.co.uk
In relation to witness statements you should make sure they include a statement of truth at the end, like this:
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part22/pd_part22
Hopefully your witnesses can attend. Although their witness statements can stand as evidence in chief, more weight can be given to the witnesses if they hold up on cross examination.
If your witnesses can't attend but could by video link - then the Judge may allow this. You should make your enquiries quickly. If they want to be available by video link - write to the court urgently and request this - explaining why it is simply not possible for them to attend.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received.
Expert:  ukfamilysolicitor replied 2 years ago.
I would be grateful for positive feedback