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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My husband moved out in july 2011. We are now going through

Customer Question

My husband moved out in july 2011. We are now going through a contested divorce due to his lies and serious false allegations in his petition and i decided to cross petition. The Judge has accepted my answers. I also beleive I can continue my answers. I have now a number of witness statements. I have a court hearing in a months time 14/7. I believe he would decide who is divorcing who.
1) how and when do i seek permission to continue my answer so I can present the witness statements? or when will the witness statements be needed in the proceedings?
2) Also would all the witnesses that made statement be required in person to appear in court?
3) also to limit the cost and courts time in this case, i am thinking of writing a letter which sums up the situation due to the complex nature of this. will this be acceptable to be read in court during the hearing or at what stage would this be appropriate?
your urgent eply is needed. Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What does the paperwork say that the hearing is called?
Customer: replied 2 years ago.

Paperwork says its Court notification that my application for leave to rely on the answer to the petition filed by my husband has been listed for hearing on the 14/7

is the hearing for the court to decide whether to allow me to rely on my answer to his petition as it was late and to decide whether to allow him to answer my cross petition as his answer was late too.?

I do not want cross petition and the witness statement must be seen by the judge before he makes his decision. How do I go through this please. what point do i now let the judge have the statements?

Expert:  Clare replied 2 years ago.
How long is the hearing listed for?
Customer: replied 2 years ago.

I do not know.The paperwork does not say

Expert:  Clare replied 2 years ago.
Usually is says that the matter is listed for xxxx minutes.
What do the witness statements relate to?
Customer: replied 2 years ago.

The witness statements are to verify who has behaved unreasonably in the marriage leading to the breakdown of it. Is how he has treated me throughout the marriange sufficient grounds?

Customer: replied 2 years ago.

Sorry I have not been able to cope. The hearing was to decide who will divorce who. Unfortunately the situation has moved to trial. The district judge will deal with case management issues at the next hearing after 1st September when he would have submitted his witness statements and who would be witnesses too.

I have been asked to prepare my own withness statement too. I do I do this? Someone told me I have to write about myself such that who has never met me would feel they know me + incidents of unreasonable behaviour that led to the breakdown of the marriage. Is this true?

Please can you tell me what it's meant by case management for this trial? What can I expect and how will it be carried out?

what can my live witnesses expect?

2 of my witnesses live abroad and they have the strongest evidence as they were involved with the incidents. Can they testify via skype or telephone link?

I wait to hear from you please, urgently.

Thank you