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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 08-13-2009, 06:42 AM
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Default can emails be used as evidence in court? without prejudice?

I just received my STBX husband's response to my claims and his document is filled with lies. Some of the facts can be easily disputed directly by his emails which were sent to me by him. One example was threatening bankruptcy if I pushed too much for spousal. That particular email has in the subject line "without prejudice". Not all of his emails said that but some do. Can emails be used as evidence in court? with or without "without prejudice".

Last edited by googs; 08-13-2009 at 06:58 AM. Reason: offended other member with my comment about my STBX thinking he was a lawyer but he is in contruction
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Old 08-13-2009, 06:50 AM
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just because he is in construction doesn't mean that he knows nothing. There are lots of people on this site who are not lawyers but have self represented themselves with varying degrees of success.

I will leave it up to the people with more experience to answer the question about the emails
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Old 08-13-2009, 07:04 AM
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I removed my last comment of my posting regarding my STBX thinking of himself as a lawyer. I didn't mean to offend anyone, just my STBX.
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Old 08-13-2009, 07:07 AM
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no problem, I just thought I would point out the experience of the other members who self represent
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Old 08-13-2009, 09:27 AM
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Thanks for the private response. I wasn't able to respond back to you as the site informs me your inbox is full.
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Old 08-13-2009, 12:29 PM
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Legal Definition of Without Prejudice
http://www.williamsandcompany.ca/doc...prejdueice.pdf

I'm not a legal expert nor do I play one on TV. But an interesting concept. I would not think that his e-mail where he threatens bankruptcy would be seen to be "negotiations" and as such may not be covered under the premise of "without prejudice".
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Old 08-13-2009, 12:35 PM
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The tricky part is that the rest of his email is an offer, but then added "Remember, I have no problem declaring bankruptcy...so let's not push too much...

I would really like to get things sorted out soon...as I am sure that you are too...

Please think carefully about this...review with whomever you wish...but that is about the max. that I can do...or will do..."






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