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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 3500
Experience:  LLB (Hons)
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Lea, I hope you are well. to a divorce petition and

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Good Afternoon Lea, I hope you are well. I am Respondent to a divorce petition and financial settlement but can't afford legal representation. I will of course complete Form E and all other documents required well before deadlines. Is it permissible for me to write a "Letter to the Court" clearly stating relevant points for consideration for my case.
Also do I have to send a copy to the Applicant's solicitors at the same time. Thank you

Hello again Richard

No, you can't write 'letters' to the court, but you can submit what is known as a position statement, which details the position you hold and why. However, you would typically do that at the stage where the court has ordered a hearing. If you are at that stage, then you can prepare a position statement, and send it to the court and the other party (or solicitors) at least two days before the hearing date.

Alternatively, if there are specific issues that you wish to raise, you can ask the court for permission to file a witness statement.

Customer: replied 19 days ago.
Does this Position Statement allow me to raise and explain relevant points to support my case. The first hearing is set for 5/1/21 and I have to complete my form E by 1/12 and chronology etc by mid 22/12. Would it be best to send the Position Statement with the papers of 22/12

Yes, in that case send the position statement with your other documents.

A position statement shouldn't be too long - 2 A4 pages, 3 at most...if you have more information than that to include, then I would suggest you produce a witness statement instead...though you would normally need the court's permission to do so.

Customer: replied 19 days ago.
I what way is the witness statement different from the position statement

It contains a statement of truth - whereas a position statement is just a document that requires no statement of truth, just your name at the bottom and the date.

Customer: replied 19 days ago.
I understand. Is it permissible or advisable to include my proposal or offer in the position statement

There is nothing wrong with including your proposals - this should ideally have been done via mediation, but as you are already in court proceedings, mediation must have been bypassed.

Customer: replied 19 days ago.
We attended our first mediation session November 2019 after which my wife said she no longer wanted a divorce and things were fine until without warning I receive Court papers in October and a hearing date was set! She has asked to bypass mediation due to finances. Anyway, I am doing my best and with yours and Mina's kind and brilliant help I am finding my way. Thank you again for all your help, I am most grateful. Richard
Do I have to start a new thread for more questions another day

Yes, please do open new threads for new questions - you can always request me if you wish.

I am pleased I have been able to assist you.

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