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Adjourned indefinitely... unsure what happens now?

  • Minnie75
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21 Jun 19 #508233 by Minnie75
Topic started by Minnie75
Hello and I am hoping someone with knowledge of this can maybe advice me if what to do next.

Long story (as short as possible to cover the facts).

Separated for a few years.
Divorce started by me 2016.
Financial relief started by ex February 2018.
Fda June 2018.

Order for both sides was to reply to questionaries, get mortgage capacities, and agree valuation of FMH (I still live in currently)
This was all to be done by July 2018 and Fdr set for August 2018.

Basically I received nothing from the other side and they did not do any of the requirements of the order. The other side requested I agree to adjoin the Fdr (which I agreed).

The judge decided to order the case he adjourned indefinitely.

I have just now, a year later started getting emails from exes solicitor wanting me to allow valuations and been sent all the statements and replies to questionnaires that were not done a year ago.
They have said a new directions hearing has been set up for next month (July)

Surely with over a year having passed since the order everything will need to be redone? Ie new form E’s, statements, business accounts etc. (I am aware he also has earnt more than last year and started an extra business also)

Is a judge likely to just say complete the order from last year and add last 12 months disclosure or is the order from last year actually out of time so to speak and this will be like starting again?

It’s just I have to hire a solicitor to go to any hearings but want to try do as much as I can do in advance.

I’m very grateful for any advice you can give.
Kindest regards

  • .Charles
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24 Jun 19 #508258 by .Charles
Reply from .Charles
The parties do have to provide updating disclosure but the court may need to determine what needs to be updated.

There is a general principle that the sharing of finances ends at the point of separation. This means that your ex's new business and last years earnings are probably irrelevant.

A lengthy period of adjournment is fairly unusual, particular where nothing has happened in the interim - perhaps you should broach the subject with the other side by suggesting updating disclosure to enable the FDR to be effective? Alternatively there is a risk that on the day of the hearing the judge may say that it's all of out of date, make directions, and adjourn the FDR until the end of Summer.

Charles

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24 Jun 19 #508259 by Minnie75
Reply from Minnie75
Hello Charles and thankyou so much for your reply.

Yes it does seem it’s rather unusual to be adjourned indefinitely. My only guess is that was because he was the applicant but then didn’t follow the order or get anything done and I am classed as a vulnerable person so maybe judge thought was fair to adjourn until he got his act together so to speak?

So the order of last year will still stand though? I need to exchange everything with him (even though it’s 12 months passed since)?

I assumed his current last years income would be relevant to knowing the figures for working out a settlement?

The latest order says it’s a directions hearing not an Fdr so maybe it’s likely they will just make new directions at it and set an Fdr date?

Kindest regards

  • .Charles
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25 Jun 19 #508275 by .Charles
Reply from .Charles
It would make more sense to have a further directions hearing which is probably when the court would order updating disclosure.

Adjourning indefinitely just means that the application can be resurrected at any point in the future. In practice this is the opposite of what the court would want as they don't like to hang on to court files too long due to the limits of space.

Usually the order would be 'application adjourned with liberty to restore. If the application is not restored by , the application stand dismissed'.

Charles

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