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Adjourn Final hearing/ apply for penal notice

  • Desperate lady
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16 Jun 23 #521276 by Desperate lady
Topic started by Desperate lady
Hi there
My divorce proceedings are very long and toxic due to non disclosure,financial and coercive and mental abuse by my ex.
He has forced a final hearing (when we had agreed a private FDR) at the last combined directions and penal notice served on him for non disclosure and contempt of court. The judge ordered more detailed disclosure in my favour but which my ex has only provided a small proportion of order. In the meantime I suffered a complete burn out from stress and mental exhaustion (from a false accusation and arrest for a fake allegation of assault! Now completely dropped by police due to no evidence- but was hanging over me for 8 months)
My solicitors who have acted for me for the past 3 years and £100,000 later and have given me poor advice ( I have learnt the law along the way and have had to fight for every application and subsequently won in my favour each time) have now proposed that the final hearing would cost me another £100,000 and I have objected and they have now demanded a mental capacity report at my cost as they do not think I am fit to instruct! I have refused categorically and after a stand off they have applied to the court to come off record without my consent! (Now granted)
I am now in the position of having no representation (as I will have a huge cost to start over with new legal solicitor) and still do not have my case files from them anyway.
My two poor innocent but naive teenage children were also ordered to supply their bank accounts by the judge ( as ex hiding money in their accounts) and have refused as my ex has manipulated and alienated them against me with only one aim and that is to destroy me (my kids are my world)
He has now reduced my court ordered maintenance without applying to court by£500 per month, stopped paying the ordered house insurance (my home) and other utility bills and has asked for a payment break on our joint mortgage without my consent and for no valid reason. (He manages his mothers £1.5 million investment accounts as she has Alzheimer’s and he has LPA!)
Basically he has done every divorce tactic to conceal assets and abuse me in the book! And seems to be successfully getting away with it.
I could list a further 10 things additionally to above…

So the main question I have is - how can I get the final hearing adjourned at such a late stage (2 weeks) scheduled for the 4th of July (which incidentally has been moved to a day later than original date 3rd July and I have not received any formal notice from the court but just told via email from ex’s solicitor)
Can I plead that I have no legal,representation, no case file , no way able to produce a court bundle and all the myriad of required documents and/ apply for a penal notice for the non disclosure AGAIN that was ordered by a judge in November?
Also he has falsely told my two children they have to,attend court (not just supply their bank and building society statements) which is outrageous and damaging to their mental health.
I also want to report my ex solicitors to the SRA for abusing my human rights and not acting in my best interests regarding the mental health act etc..

I could add so much more but will leave it at that for now!
Any help and advice gratefully received

  • hadenoughnow
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18 Jun 23 #521285 by hadenoughnow
Reply from hadenoughnow
You need to make a D11 application for adjournment and enforcement of the previous order. It may be that the way to approach things would be to ask for a pre trial review so the FH judge can go through the omissions and make orders in respect of them.

If things are being delayed by his action or inaction then you may be able to make a claim for costs.

It is impossible to comment on whether the advice given by your previous solicitor was good or not. The costs seem very high. What is the size of the overall pot?

It may be that a good direct access barrister would be able to review the case and advise/represent you.

Hadenoughnow

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