Could I please be advised;
At the commencement of my application in the family court I stated that 60/40 (my way) division of property.
Just prior to trial I changed to 40/60 (his way) after researching etc.
If at trial the judge feels after applying the four step process it would be more accurate that lets say I receive a 80/20 (my way) as I have asked for only 40/60 (his way) will the judge apply the fact that it was correct to divide the property 80/20 but as I have asked in my amended final orders for a 40% share they will say, I will only get what I asked for ?
Sorry that sounds very confusing. In summary. I ask for 40% but judge decided I would have been entitled to 80% will I only be awarded 40% as that is all I asked for?
If you have the accurate answer to this could you show me where this is factually reflected? I am happy to search case law judgments to get my head around it.
I feel I have made a fatal error as I signed the amended document not picking up that the new lawyer had reduced the amount with some theory they would put in a calderbank for costs. Sorry my terminology is poor.
Any help would be greatly appreciated. I have now invested more than $100k to get to trial and feel I have made a fatal error and have zero ability to seek paid legal help but worrying myself sick.
Thank you
At the commencement of my application in the family court I stated that 60/40 (my way) division of property.
Just prior to trial I changed to 40/60 (his way) after researching etc.
If at trial the judge feels after applying the four step process it would be more accurate that lets say I receive a 80/20 (my way) as I have asked for only 40/60 (his way) will the judge apply the fact that it was correct to divide the property 80/20 but as I have asked in my amended final orders for a 40% share they will say, I will only get what I asked for ?
Sorry that sounds very confusing. In summary. I ask for 40% but judge decided I would have been entitled to 80% will I only be awarded 40% as that is all I asked for?
If you have the accurate answer to this could you show me where this is factually reflected? I am happy to search case law judgments to get my head around it.
I feel I have made a fatal error as I signed the amended document not picking up that the new lawyer had reduced the amount with some theory they would put in a calderbank for costs. Sorry my terminology is poor.
Any help would be greatly appreciated. I have now invested more than $100k to get to trial and feel I have made a fatal error and have zero ability to seek paid legal help but worrying myself sick.
Thank you
