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Final Financial Hearing & Ex ignoring deadlines

(10 Posts)
Moanranger Sun 11-Dec-16 22:35:54

Am hoping some legal wizards are lurking. Completely uncooperative exH, not seeing sense on financial settlement. We have been through four FDRs - his barrister is very good at delaying things - and a final hearing is scheduled for mid January. We were supposed to submit Sec 25 statements to the court 1Dec; I submitted mine, but nothing from ex, and have chased, but nothing. If he fails to submit, or is very, very late, then what? Are there court sanctions?

Namechanger2015 Sun 11-Dec-16 22:47:49

I don't know the answer but just wanted to extend my sympathies to you. I have a 3-part final hearing, 1st bit is also set for early Jan.

If the court date is set then surely the judge will see at the hearing that he has submitted it late and not given you enough time to respond?

Moanranger Tue 13-Dec-16 23:16:17

Thanksname I have a Makenzie friend (ex-family lawyer) advising me. We have decided to not raise it with the courts. If he submits nothing, I will just have to make my case & hope for the best.

Newbrummie Tue 27-Dec-16 15:50:12

In this situation just let the judge decide, put forward a case for what you want the judge can only act on the fact he/she sees before them and your ex has presented none so they can only decide based on your information and needs.

MrsBertBibby Wed 28-Dec-16 11:34:49

The standard orders provide that if anyone misses a deadline, it is everyone's job to notify the Court, so you shoukd atvleast have written in to the Court explaining the position.

Sometimes the judge does something as a result, sometimes not.

babybarrister Wed 28-Dec-16 15:58:16

I agree with Mrs B B - historically OK just to wait and see but now there is onus on all parties to inform court

Moanranger Sun 01-Jan-17 19:48:58

Update-he submitted his Sec 25 Statement nearly two weeks late. Our next deadline is updating financial information (bank accounts, mortgage, etc) which he has not done for a year. I pointed this out in the most recent Schedule of Deficiencies, which he replied to by saying he would be supplying updated financials. I am now preparing mine to send off on Tues (3Jan).
His Sec 25 Statement wasn't actually a Section 25 Statement. Just a repeat of previous ax-grinding.
He is the Applicant, so is in charge of The Bundle. If he gets that wrong or fails to deliver, I plan to have a copy of my bundle ready for the Court.
Thanks BBarrister for heads up re letting the court know. I will certainly do that, but with the bundle needing to be submitted 3 days before Final Hearing, timing is tight.

babybarrister Mon 02-Jan-17 19:56:39

You have an obligation to start agreeing the contents of the bundle in accordance with pd27 a though....

Moanranger Mon 02-Jan-17 20:12:56

BBarrister I will of course start doing that, but ex is off in cloud cuckoo land most of the time, I often send stuff to him & am met by silence, long delays, and the a late and typically off the point response. He may get his thumb out & actually prepare a bundle, but I am prepared for this not to happen.

babybarrister Mon 02-Jan-17 20:16:57

Your bundle needs to be ready 3days beforehand - you will need to provide him with a copy as well as judge and witness

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