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Pros and Cons of stbx being litigant in person

  • MontyPython
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26 Aug 10 #221159 by MontyPython
Topic started by MontyPython
Hi, we had first hearing for finance in july where he had a barrister and me a solicitor.
Now he has sacked his legal team and is litigant in person.
What advantages or disadvantages will this give him. He is currently fleecing the family home of furniture while I am on holiday with the kids, he has bought another house in his name and sounds like he will not play fair anymore.
Is there any advice or anything I can do to stop him?
Any advice or people with experience welcome.
Supercali xx

  • LittleMrMike
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30 Aug 10 #221684 by LittleMrMike
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As regards the furniture, the obvious course of action for you would be :

1.Make a list of the furniture still in your home, get it verified by some independent person, and preferably take photographs.
2. Change the locks and write to him, if you know his address, keeping a copy, saying that you will let him in by appointment if there are personal possessions he needs to collect.

As to items already removed, I suppose we have to acknowledge that he will get some of the possessions for his new accommodation.

Section 37 Matrimonial Causes Act enables the Court, in theory, to order hiom to return the items taken or some of them. But that may be like using a sledgehammer to crack a nut and the expenses may be disproportionate to the value of the goods.

If he has sacked his legal team, chances are that they are giving him advice he does not want to hear. This may mean that he may think he is going to get more than a judge is going to award him, and he may perhaps take it all the way as far as final hearing, which increases the costs for both sides.

I have felt for some time that this is a potential problem in Ancillary Relief. that people can take unrealistic negotiating stances, and there is a need for provisions which discourage such behaviour. I recall I once started a thread with a name like " Come back, Mr and Mrs Calderbank, all is forgiven " which started quite of lot of correspondence, much of it constructive.

I seem to recall that Heather Mills / McCartney chose to sack her legal team ( who weren't fools by any stretch of the imagination ) and probably regretted it.

There are pros and cons, really. Your legal team can only present your case as forcefully as they reasonably can.

LMM

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