Financial order - ex not responding

[Anna713]

My son has the first hearing for a financial order in a couple of weeks. He has submitted all the relevant financial information to his solicitor but his ex wife has only submitted bank statements for a few months, not the 12 months requested, and has not answered other queries re ingoing and outgoing payments and why she left her job. My sons solicitor has asked for more details via her solicitor but there has not been a response. What happens if she refuses to engage? She has form for burying her head in the sand, especially if she thinks things won't go her way. Can the court hearing go ahead anyway in her absence ? My son is solely responsible for his young daughter so he needs a resolution ASAP.

Yes it can go ahead, my DP is going through the same thing, 2 yrs of this nonsense & house is being repossessed, there’s no assets to split & actually she’s worse off now than if she’d done the financial order at the start but she’s cutting off her nose to spite her face. Shed rather see him with nothing even if it means she also gets nothing. Anyway this is what ChatGPT says & what he’s going to have to follow;

1. Apply to the Family Court for a Financial Order (Form A)
2. He needs to complete and submit Form A to start the formal financial remedy process.
3. Court-Ordered Process Begins – Even Without Her Cooperation
4. Once Form A is filed, the court sets a timetable, including:

• Exchange of financial disclosure (Form E) — if she fails to do this, the court can still proceed.
• First Appointment (FA) and Financial Dispute Resolution (FDR) hearings — to try and negotiate a settlement.
• If no agreement, the court will list a Final Hearing, where a judge can impose a settlement.

2. Court Can Make an Order in Her Absence
3. If she refuses to engage:

• The judge can issue directions.
• The case can proceed without her.
• A binding order can still be made based on the information your partner provides and whatever the court can obtain.

2. Enforcement and Fairness
3. The court considers what’s fair, including:

• Debts (joint and individual)
• Pensions
• Any potential liabilities from the house repossession
• The need for financial closure

2. Even if she refuses to participate, the court can offset her share of the debts or equity against her interest in his pension.

My ex did this to. Waited 28 days to reply to each letter, form question. Eventually I got what I had asked for, but only after he was court ordered to reply or the judge would take my figures. £22k in legal fees. Worth every penny to be proven right.

Thanks both. That's very reassuring. I'll let my son know.