I have just submitted A form and would like to get some advice on what tools I or court have to force the EX to cooperate? he has been refusing to communicate, cooperate and insisting that will make my life hell and I will not get anything. Can he keep making excuses in front of the court? will he be forced to cooperate? I have read some things on forum here and it seems that penalties and notices are irrelevant and exs still can be difficult. Moreover if he hid some money or assts it may not be taken into account. I need to take a big loan to fight him and I start worrying that I will not have any money and he will keep using matrimonial assets to which I have not got access to. I want to start new life but he does not want me to.
Court have a range of powers to force disclosure or protect matrimonial assets from being hidden or wasted, so penal notices s37 orders even search orders though they are very rarely used, in fact there are those in the judiciary who think search orders are a step too far.
The ultimate penalty court can use is prison, on wiki we often hear that an ex has said you`ll get nothing i wont do anything court order, bla bla bla, this tends to ebb away once court are involved, of course some will ignore court ignore warnings ignore judges, why i don`t know, personally given court in family proceedings can sentence a person to prison without trial or jury i would not risk it, maybe i`m a wimp.
If you are going to pay a heap of money for representation make sure you find the right solicitor, how experienced are they, do they regularly deal with court based proceedings, don`t chose the one you think is ok do your homework, recommendation is often the best pointer.
I have an ex who has been difficult from day one and has got away with it throughout the whole process....so far. I have filed a D11 for Directions due to non-compliance of the court order and have requested penal notices are issued....waiting now (nearly 4 weeks) for a response from the judge...