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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 854
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My wife and I are going through a divorce and the first

Resolved Question:

Hello, My wife and I are going through a divorce and the first appointment hearing is due in five days time. Yesterday I received an email from her solicitors which, in addition to requesting further details of various bank transactions, also includes a chronology which makes a number of false and misleading allegations that I intend to challenge. The problem is I don't now have enough to to respond before the court case and want to know if I have grounds to request a postponement of the first appointment hearing.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer.
I am a Solicitor and will assist you.
The further questions that have been sent by your wife's solicitor and question based upon the Form E that you have filed. You should gather as much information in response as possible.
You should also go through your wife's Form E and disclosure and pick out and inconsistencies and details that you require further information on - such as transfers from her accounts to other accounts, large cash withdrawals, purchases etc.
The first appointment is usually listed for 30 minutes of the district judge’s time, unless both people feel they have sufficient information to negotiate, when it can become a longer hearing where the judge gets involved in helping you settle the case.
If this settlement is not possible, at the first appointment the court will consider what more information is necessary to decide what should happen: the judge will order questionnaires to be answered by a certain date, consider what other expert evidence (eg on the value of property, or regarding pension details etc) should be obtained and by when, and then it will fix the date of the next court appointment. If you want to challenge the information being sought by your wifes solicitor then you should provide the Judge with reasons as to why the information sought is not reasonable. You should also provide to the court and your wife's solicitor (preferably in advance of the 1st appointment) the further information you require in respect of your wifes current disclosure. The Judge will decide what is reasonable and set out a timetable for compliance with obtaining and exchanging this information.
The idea is that before the next court appointment each of you and the court will have enough information available about the financial picture to enable you to negotiate constructively about your financial matters.
If you have incurred any legal costs - you should file a schedule of these before each hearing.
The court is unlikely to adjourn the first appointment unless there is a genuine reason why you cant attend. If the matter cannot be settled yet the court will not make an order in respect of the final position and what should actually happen as the final outcome of your case - the Judge will make directions in respect of the further information sought and what is reasonable and the matter will be listed for a first dispute resolution appointment. This will give you more time to get legal advice.
Kind Regards
Caroline
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