Financial court date

[Mylifestartstoday]

After 13 months of my ex refusing to complete and exchange form E, I now have a court date. My solicitor will be representing me at the court.

Can I ask him to pay my court costs? I am unable to work due to ill health (which he knows), he has stalled every time it comes to discussions (he won’t even discuss sending my daughters drivers licence to me, she left in his car), he tells me I have to request it through his solicitor! He’s living with the OW, while we struggle financially. He hasn’t seen his kids since March, just walked away from them

How far away is you court date? I assume thats it's the First Appointment? He may be stalling the disclosure, but it will be unwise for him to turn up to court without exchanging Form E. If he is represented, then they will make him aware of this.

If in the unlikely event that the First Appointment does go ahead without disclosure being exchanged, then the judge will make an renewed order when it must by exchanged by. They could potentially attach a penal notice to it. It will be a waste of everyones time and money.

If it's clear that you have attempted to make the exchange, and he does not have a valid excuse, then you could apply for costs. Nothing is guaranteed though.

It’s the first appointment in October. His form, if he exchanges, will be lie after lie. He’s lied about sending the form last year, he ignores his solicitor unless the advice suits his warped mind.
All my solicitor fees are because he won’t cooperate, it’s so unfair that people can stall and not have financial consequences. It’s my kids who suffer, it’s them who have less money spent on them

I know it’s easier said then done, but it’s probably best not to worry about events like this arises at this early stage. They are out of your control for the time being.

The deadline for exchanging Form E hasn’t passed yet, he’s entitled to use the full amount of time. Cross that bridge if you come to it.

There will undoubtedly be discrepancies in the disclosure, you will have the opportunity to raise questions ahead of the hearing. You won’t have the chance to cross examine him until the final hearing. If his disclosure contains lies you can ask for relevant documentation to unravel the lies, the judge may order him to disclose them.

You’re correct, of course, and I try to but it consumes me. I’ve just been referred to do the Freedom programme by a domestic abuse charity, so I’m hoping that helps me

From what I remember you don't need representation for the FDA hearing, it's a waste of money. It simply acts as a bridge to the FDR hearing, which is the one where the judge will take a view on how to distribute assets. Parties have to give an updated Form E etc in advance of that hearing anyway, and that's the one you should be represented at

Oh really? My solicitor sent me a letter with the dates, said I needed to be there an hour earlier and that they would be representing me