I am the Applicant in proceedings for Ancillary Relief.
I have just received a copy of my stbx''s form E. It was filled in using an out of date Form, was unsigned and undated, made no reference to our joint bank accounts, and there were no supporting documents such as bank statements, payslips etc attached.
What should I do next? She is trying to take a lot of monay from me, and this is just the latest in a long line of tricks she has tried to pull. My sol talked a few weeks ago about obtaining a court order with a penal notice attached if she failed to submit the Form E. Can anyone tell me how that works? How do you go about getting one, what costs are involved for both of us and would it be appropriate here?
YOu (or a solicitor on your behalf) will need to prepare a questionnaire asking for the missing information. The first hearing is to identify the issues and the judge will "direct" which questions should be answered to assist the court in making a decision at future hearings and sets a timetable.
Ultimately should your wife still not provide the information the judge can attach a penal notice to an order for disclosure. A penal notice provides for an offending party to be committed to prison. The costs depend on whether or not there are extra hearings.
However, not complying with court procedures and orders is litigation misconduct which may be penalised by the offending party being ordered to pay the other sides costs. So the offender usually complies eventually and aren''t sent to prison unless they are being exceptionally difficult.