What happens if exh doesn't turn up to hearing

[nothanksbarb]

Financial remedy order directions hearing next week. We are both Litigant In Person. I want a clean break and he doesn't.

Form E and court date etc were sent and signed for by ex. Form G was sent a few weeks ago, but is still at the post office awaiting collection.

I'm pretty sure he's going to not collect the paperwork and will either turn up saying he's not received it or won't turn up at all.

Whats the likelihood of it being rescheduled if either of these scenarios happen? At what point will a judge make an order in his absence?

Thanks in advance.

To add, I have received no Form E in return

There are no certainties. The judge might adjourn the hearing. The judge might order your ex to attend the adjourned hearing, possibly attaching a penal notice (which would mean he could be arrested if he doesn't show up). Or the judge might make an order in his absence.

You should write to your ex making it clear that, if the missing information is not provided and he doesn't show up to the hearing, you will be asking the court to make a final order but, if the court decides to adjourn, you will ask for an order for any costs you have incurred due to the adjournment.

Thankyou @prh47bridge

Is it worth me making the courts aware that my exh will be trying to drag this out for as long as possible on purpose? I don't know if that will make me look bitter or if I should just let the judge figure it all out for themselves.

You can argue for a final order on the basis that he is delaying proceedings, certainly.

Are there any assets, or are you just trying to close down claims?

@MrsBertBibby no assets. We separated 9 years ago. Both moved on with new partners. We do have a child but that has been sorted separately and I am resident parent as per a court order.

Sorry to be clearer - I have remarried and it is simply a matter of dotting the i's and crossing the t's. We separated with nothing but debt.

Ah OK. I guess the Court will want to give him a chance, but if he really won't play ball in those circumstances you could ask the judge to dismiss both sides claims, perhaps on the basis the order gives him a limited period to object.

In theory the Court could issue penal notices etc but it's a bit OTT when you don't actually want any assets sorting.

Ahh ok. I assumed that because to me it is 'straightforward' it would be easier to get an order in my ex's absence.

Not that easy to get a judge to dismiss his potential claims, I'm afraid, no.

Just to update.

Exh turned up with no paperwork at all but demanding I pay him spousal maintenance. It was a bit mad. Judge was a bit terrifying but set him straight. Said that as there were no assets and a short marriage all the judge wants to see at the next hearing are pensions docs, spousal maintenance these days is rare, and that this is not a 'meal ticket'. Warned ex that as he had a public pension he may want to reconsider his position of pension sharing.

Glad you had a decent judge OP.

Ime exh's +court hearings can be utterly hilarious at times!! My exh wrote directly to a judge(not via his legal team and did get reprimanded by the judge for time wasting) insisting I received a custodial sentence for not adhering to a particular item in the court order (typo said Mrs not Mr so it was actually him at fault not me!)..
Eventually the judge got the measure of him.
Twat on the highest end of the scale..

😂 love that from judge about his pension likely worth you claiming on 😂

Can see why he's your ex!

Thanks all. It was SO worth the court application fee to see such a horrible narcissist be brought down a peg or two (or ten) by the judge.

I know it's not over fully but after everything the judge said today it feels pretty much done and dusted. My ex is welcome to 50% of the abysmal pension I received over the 2 years we were together, in 30 years time 🙃

@30degreesandmeltinghere that's absolutely bonkers!! Glad you're rid!!