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Non Compliance Form E deadlines

  • Manor9988
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02 Apr 12 #321219 by Manor9988
Topic started by Manor9988
My stbx has delayed all matters and after I started financial order form E needs to be exchanged and filed at court by 11/4.
I have put on record at court that I would not want a delay or a request for an extension of any deadlines but suspect date will not be complied with or a request for extension made.
Spoke to court today and they advised if they dont file papers at court in time it is up to me to chase matters as they have no diary system to say this or that person has not complied with dates. I then have to pay £45 or so and request that the judge look at case and again ask stbx to comply with timescales ..
this sounds .
What sort of tack does a judge take here , can he not fine other side or do something at least ?? or is there something else I can do to move matters on..??

  • jonathancj
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02 Apr 12 #321236 by jonathancj
Reply from jonathancj
The normal situation is that if he doesn''t file a form E in time, you ask the court to attach a penal notice - that''s what the £45 fee is for. This is normally granted without a hearing. The court will set a new date and warn your stbx that if he fails to file by the new date, he may be sent to prison! This usually works for some reason ;)

  • Manor9988
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02 Apr 12 #321245 by Manor9988
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Thanks , but again it appears it could be several weeks before my appn for a penal notice is then acted upon and then another date has to be found in the calendar of the court....
Is the revised date just for receipt of form E or does it mean that the first appt date is also rescheduled backwards again.
I would like to get remarried and of course cant until Decree Absolute and that wont be granted until financial matters resolved.
Nisi was 12/3 and I would like to remarry in December.
I have asked wifes solicitor to apply for absolute on basis I get life cover in favour of wife so that if I died before finances sorted she would not lose out.
She has not replied yet to my request. I know I can apply for absolute myself as a Respondant 3 mths and 6 weeks after Nisi but again a judge may not grant absolute whilst finances are not settled.
But if I did apply myslef for absolute say in July would I have a chance of it being granted before December ??

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