A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Directions Hearing: obligation to STBX?

  • QPRanger
  • QPRanger's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
05 Sep 12 #354041 by QPRanger
Topic started by QPRanger
Hi

as posted elsewhere I have managed to get a Directions Hearing in a few weeks after submitting a D11 asking the judge to look again at the Court Order he made a few months back as my stbx hasn''t complied with most of it.

I have been regularly dropping in what I believe is evidence over the last few weeks to go with the D11 to back my position up: yesterday the clerk I dealt with said I should send copies of everything I have submitted to the judge to my ex as well??

I don''t want to do this as I believe that this will prompt the woman to make sure that she has complied with the Order before it goes to court again, thus severely weakening my case if the judge decides that he''s not bothered that the woman has taken 3 months to do things she was ordered to do immediately.

She has a copy of the original Court Order and knows exactly what she should have done to comply with it: why should I have to forewarn her of what will happen at the Directions Hearing? :angry:

Be interested in people''s opinions....

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
05 Sep 12 #354051 by dukey
Reply from dukey
QPR this is not a matter of opinion, the fact is you cannot ambush the respondent in court, this is not tv drama and procedure must be followed, as such you must file and serve anything you intend to use as evidence.

The result is more important than how you get there.

  • QPRanger
  • QPRanger's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
05 Sep 12 #354054 by QPRanger
Reply from QPRanger
I see. But I will not be ''ambushing'' her as there is nothing she doesn''t already know she hasn''t bothered doing. Can''t give her the paperwork as all she does is report me to the Police for harrassment if I go round the FMH and there is too much to post.

Will I be covered if I send her a letter recorded delivery advising her I have a pre-hearing bundle for her to collect from me and asking her to contact me? Surely the judge will see that she is being deliberately obstructive if she fails to do so?

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
05 Sep 12 #354056 by dukey
Reply from dukey
Post the documents you propose to use and yes send them recorded, if you don''t it will be adjourned or worse, the aim here is to get her to comply, if she does job done, if not then leave it to the judge.

You don''t produce a bundle for Directions, just send the documents you wish to rely on then it''s all talk at the hearing.

  • QPRanger
  • QPRanger's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
05 Sep 12 #354058 by QPRanger
Reply from QPRanger
The thing is dukey I DON''T want her to comply with the original court order as failure to comply means the order reverts to the FMH being sold which is what I wanted in the first place....

I asked on another thread how important the time limitations placed by a judge on a Court Order were,ie, will he say she has failed to comply if she only does the things she was meant to do immediately nearly 3 months later?

  • QPRanger
  • QPRanger's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
19 Sep 12 #356696 by QPRanger
Reply from QPRanger
Well I posted a letter special delivery to her last week (I have proof it was signed for) asking her to meet up to exchange documents in preparation for next week''s Directions Hearing. Gave her a deadline of yesterday to respond and, as per her behaviour over the last year, she has failed to do so. The court have a copy of the letter.

I will therefore drop the paperwork through her letterbox at the last possible moment.

What a lucky chap I am to have such a manipulative conniving lying stbx!

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11