I thought it would have gone to proof instead of a continued hearing. unfortunately, I cannot contact my solicitor.
surely it would have been asked for at the options hearing?
i have disclosed all my pension values to her solicitor and they are not communicating with my own solicitor. there is also equity in the house.
i am also trying to have the house sale ordered by the court as i am still tied to the mortgage and cannot buy accommodation for myself whilst i am still on the mortgage
is this something which could be settled at the continued hearing by the sheriff?
there are no complex assets in this, it is dragging on due to the other lawyer and her client burying their heads in the sand
so you are effectively saying that the whole thing could go on indefinitely and that my taking it to court has no effect on speeding things up?
I made an offer / proposal offering a % of the equity in the house and a share of my pension policies. will the sheriff take this into consideration and eventually force this offer through the court if it went to proof?
but this will happen at the proof rather than at the continued options hearing?
so after being told the only way to move things on quicker was to take it to court, it is now likely to take months to sort?
the problem I have is that if it now goes to proof, it would have been better going to proof at the options hearing rather than at the continuation as we have effectively lost 4 weeks.
if it does go to proof, am I correct in assuming that everything will be sorted out at that hearing, including my divorce?
I am concerned because there are no children and very little assets. I am in a new relationship and we just want to get on with our lives
My estranged wife thinks I should hand over the house in its entirety to her and walk away!
so what you are effectively saying is that if it goes to proof in 6 months, it could be 9 months from now before my divorce is through?
I will have been separated for 2 years in 6 months time, can I apply for my divorce then separately?
as the fact is that I have put proposals in place which have been ignored completely and not even counter proposed, am I in a position to claim for court costs from my wife, given the fact that it is her refusal to communicate which is delaying a conclusion to things?
the continued hearing is in 3 weeks so adjustments need to be in place next week
is there still scope after this to lodge a joint minute if one can be agreed prior to the hearing date or does everything have to be in before the 2 week deadline?
my lawyer is of the opinion that I should be letting her do job and putting my life on hold until everything is sorted in the court
she has however, stated that she doesn't believe that the case will go to proof but if there are no agreements on the table, surely it will do?
that's easier said than done!
every time I push my lawyer for answers (I am not familiar with legal matters and court hearings), they start threatening to stop representing me. hence my comment about letting her doing her job!
and to change lawyers at this late stage isn't really a option for me as the existing one will want full payment before releasing my file and then everything will be delayed again as I look for an alternative lawyer
if it does go to proof, will my wife will have to stand up in court and have all her finances disclosed and will all the witnesses be in attendance in court together or do they go in individually?
full financial disclosure has been issued to both sets of lawyers so there is nothing being hidden regarding that side of things.
with regards XXXXX XXXXX going to a proof hearing, am I right in saying that I will not have to be in court whilst my wife gives evidence and vice versa and that I would not be witness to any witness statements in court either?
but this would only happen at the proof and not at the continued options hearing, is this correct?
so I would witness all of the witness statements which were called to court?
what kind of witnesses would normally be called to court?
I take it that if my wife refuses to discuss anything with her lawyer and refuses to consider any proposal, that this would be considered at the continued hearing?