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What are we each entitled to in our divorce settlement?

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Ex denies receiving paperwork.

  • samanda
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03 Aug 12 #347080 by samanda
Topic started by samanda
I have a very nasty controlling ex who is behaving like a little child. Our last two court cases were adjourned because he failed to submit any financial disclosures. I have been representing myself over the last two years as we have been back to court so many times that I can’t afford the costs any longer.
Historically my ex has denied receiving almost all of the paperwork that I send him. This time I had the bundle checked by the family and a friend before sealing the envelope. I was not surprised to receive emails demanding missing paperwork again. His bundle has no index and has many missing documents. What do I do? Do I ignore his demands or do I take the paperwork and submit it to the courts and tell him that he can get copies from them? Each time this happens I succumb to his demands but it is costing me precious time and money to keep printing off more documents and sending them to him. I have to date prepared bundles for two FDRs that couldn’t proceed because all that he supplied was a schedule of income and expenditure which is just hearsay without the evidence. The judge was angry with him last time and told him so and he is aware of my ex’s childish antics. I am worried that the case will not go forward again because he will muddy the waters by denying having received paperwork.
I am going to talk to the Citizens advice bureau and see if they can recommend an advocate who we can submit our paperwork to and have it checked as I don’t know what else to do. I worry that I will be in contempt of court for not supplying paperwork as it is his word against mine. I feel bullied and would like to ignore his demands. We both know he has the paperwork but where do I stand legally? Has anyone been in a similar situation and has some advice that they could give me? It would be gratefully received.

  • epitome title
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04 Aug 12 #347256 by epitome title
Reply from epitome title
Hi Samanda

If he is not supplying any disclosure of his own, and you are - what paperwork is he saying you have not given him? Is he representing himself or does he have a solicitor?

How are you sending your paperwork to him? Recorded delivery? If so, he must concede he has received something. I take it that your bundles have also been sent to the Court? Could you not just include a letter to the court with a copy to your ex confirming that he has been sent an exact copy of the bundle by Recorded Delivery?

If the Judge showed his displeasure at the last FDR, I would imagine that he will lose patience with your ex at the next one and your ex may find that the Court will make their own assumptions as to what he earns, outgoings etc, and if all else fails, ask for a penal notice to be attached to the matter so that there is a threat of imprisonment if he continues to avoid full disclosure - that might make him sit up and take notice.

You are representing yourself so try to be a little tougher - not easy, however this could drag on for another two years if you let him get away with it.

Hope it comes good for you, best of luck

Kind regards
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