Case
Study ::
FDR Hearing - Litigant in Person
(LIP)
Stephen: support
from divorce coach Kirsten Gronning for an FDR -
Financial Dispute Resolution - hearing in the family
court.
Support
for FDR - Financial Dispute Resolution Hearing - for a
Litigant in Person
(LIP).
Stephen (names have been
changed) had signed up for The Divorce Coach free special report because he was looking
for answers to get him through his divorce as a litigant in
person in an ancillary relief (financial split) case. He had
already spent several thousands of pounds on legal bills
because matters had been complicated by an inheritance which
his wife was simply not prepared to share. He could not
afford to pay for more legal help. He
wrote:
I
think I have a fairly good grasp of the overall situation,
have been open and honest and total with my
disclosures but obviously the legal side/ procedure is
another matter, and I’d just add, I would rather be
represented, but when I say I simply cannot afford it, I
mean it.
Kirsten Gronning
asked him specifically what he was looking for and he
replied that he needed help around court procedure and what
he was and wasn’t allowed to say. Kirsten replied that
whilst we are not able to get involved in the detail of the
case, there was much she could do to help Stephen reduce his
anxiety, present his case effectively and be in control,
especially important for a litigant in
person.
Stephen sounded like a fair and reasonable guy who was doing
his best in difficult circumstances. He was desperate to keep
the family home (his wife had another) but the proposals put
forward by his wife’s adversarial lawyers (she could afford to
pay for on-going legal help) meant that he was going to find
that very difficult to do.
During our 1-1 session over the telephone and using some
literature sent to Stephen, Kirsten focused on helping Stephen
understand what it was he was asking the court to do – reach a
settlement which would enable him to stay in his house - and to
focus on the facts. He knew his case but he was concerned about
his understandable lack of knowledge of the procedure on the
day and what would get thrown at him as a litigant in person by
the weight of the other side's lawyers. He wrote:
Thank you so much for your advice yesterday. During our
telephone conversation I began to feel reassured on many
points, plus you have clarified my thinking, so much so, in
fact that today I have run through practically all the evidence
and statements again and made notes to pin down the points I
want to make. I want you to know that I am very, very grateful
to you for your help. I really hope I can handle things on the
day on my own. It has become important to me to be able to do
that, now.
Inevitably pressure was put on Stephen as a litigant in person
(LIP) on the day by the other side’s lawyers. He wrote after
the hearing:
‘I hope I’ve done the right thing…at least things - I sincerely
hope, are resolved to the point of conclusion, assuming I can
borrow some more money and make the payments on time. I think
it is the best I could have got on the day and better than
prolonging what is a virtually intolerable way of life-perhaps
now I can find away of living again, bit early to say but
that’s the most important thing- I just want to get on with my
life and at least the house will not be a giant desk anymore
with papers laid out across almost every flat
surface!!
Having said all that - which may sound a bit pessimistic - I am
so very grateful for your advice. I think, without our
telephone conversations I would not have had the relative calm
and clarity I managed to achieve. So once again, thank
you.’
It’s important to note that we prepare
clients for their experience in the family court and
under no circumstances do we rehearse the evidence, coach
or discuss the evidence or detail of the
case.
Why not
contact us
now and tell us how we can
help.
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