Served Affidavits from Applicant

Hi, my friend is acting as a Litigant in Person and has been served 6 lengthy affidavits from Applicant and her family. All state alleged bad conduct, violence, torture, sexual abuse - you name it! All utter rubbish with no evidence at all to back up any of their claims - they simply want the house and are determind to go through to Final Hearing. There are no dependant children now. How does he go about responding ie. does he have to submit a sworn affidavit back and in which case, is there a specific Form and way of doing this? Where does he have to apply and where does he have to send it? Should anyone else write an affidavit on his behalf and if they do, will they have to stand as a witness in court at the Final Hearing? Please help, desperately concerned (although we are already aware that Conduct should not be relevant in ancillary hearings. None of it happened anyway and no-one lost out financially) Thanks:blink:

Conduct can be cited as an issue in proceedings but this is unusual.

Wat stage are proceedings at? It is fairly unusual for affidavits to be filed from other parties unless there are non-molestation/occupation proceedings.

Charles

Thanks for your reply. I keep being told that conduct in this case is not relevant because, even if her accusations were true (which they aren't) nothing has affected the finances in the marriage, she has always worked and still does.

The next hearing is to ascertain whether conduct IS relevant - then there'll be the FDR - then ... the one she's waiting for ... the Final. She did request dispensing with the FDR, but the Judge refused absolutely.

There are no non-molestation/occupation proceedings. The affidavits are from 4 members of her family and 2 friends. Hers makes several references to me - all of which are erroneous - and I now don't know whether to serve an affidavit myself, neither do I know how to go about doing it. I still need advice as to how to go about this for both of us. In fact neither of us really know what to do next but I do feel I have to refute her allegations - both for him and me, otherwise he is going to be left alone standing in court saying "I didn't do it" and she'll have a team of people and a barrister saying "yes you did"!!

Any answers would be really appreciated.

Maryelaine,

My advice to you and your friend would be not to descend to her level. Remain bemused and dignified. To do otherwise will cause further grief and cost you a fortune. There is no evidence that any alleged "conduct" has affected earnings/finances.

Conduct that does would either be something like inveterate gambling or violence severe enough to prevent the other part from earning a living .. the example often used is of a successful model being scarred and losing her career as a consequence.

This sounds like vitriolic revenge. Ask for costs.

As far as the finances go, this will be determined on need and/or contributions just like any financial settlement. The reasons for the divorce will have no bearing on any of this. You can post info on wiki to get some guidance as to a fair financial settlement. When you have that guidance, he can consider making an OPEN offer ..

Stay calm ...

Hadenoughnow

I think you're right. We WERE preparing pages and pages, but it would not make us very popular with the Judge, just as I'm hoping she will not be popular. An offer of 60/40 with each keeping own pensions has already been made and she refused. She has counter offered: half his pension and £85,000. Considering the property is worth £700,000! this offer was turned down.

The property is worth £700k and she wants £85k? Or she wants half his pension and she pays him £85k?

On the affidavit issue, it is unusual for other parties to become involved in Ancillary Relief proceedings unless they assert a financial interest in the financial assets. Furthermore, affidavits are usually only permitted when the court orders them. Are the family members intervening in proceedings and/or are making application to be joined as party/ies to proceedings?

Charles

Thanks Charles - all advice is really welcome.

Her offer was: half his pension (which is a good army pension) and pay him £85k for a full and final settlement. Tempting it was not!

We thought it was unusual too for affidavits to come through from: 2 family friends, her brother, 3 daughters and 2 step-children!! Doesn't sound good I know but this lot are all very involved in the farm and hunt scene. Money and lifestyle is very much the factor here.

Her brother is 'intervening in proceedings' because he has suddenly decided that he owns 30% of the farm due to an old loan to his sister (the Applicant). But that is yet another twist in this tale that will be dealt with as and when.

I think I know now that the answer is to keep replies to a minium and NOT file the affidavits in return. It was very upsetting and confusing when they all piled in - but I think we just have to play it cool?? I'm not sure if all those who have sent in affidavits are now going to have to stand witness either?