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No response to my questions from stbx

  • chris1519
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10 Sep 12 #354954 by chris1519
Topic started by chris1519
Following first hearing my stbx has not bothered to answer the questions I asked re non disclosure on his form E. Deadline for exchange has now passed. What legal redress do I have in this instance as it was judge who said and set date for responses to be made....?

  • TBagpuss
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13 Sep 12 #355658 by TBagpuss
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if he is in breach, and the next hearing is thewrfore not viable, the court can make a costs order agaisnt him, and ultimately if he fils to provide disclosure that court can draw inferences from theat (e.g. if you say he earns £50,000, he says he earns £20,000 but fils to disclose proof, a court can draw the inference that you are correct and he is telling porky pies, and can proceed on that basis.

I would recommend that when the deadline is reached, you worte to him (keeping a copy) satating that he is in breach and that if the FDR cannot go ahead you will be seeking a wasted costs order against him.

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13 Sep 12 #355687 by chris1519
Reply from chris1519
Thank you for your response TBagpuss. The next hearing is not until Dec but the deadline set by the judge at First Hearing has passed. My concern is that despite FDR being so far away (maddening as judge asked for first available date following last hearing e.g early Sept)stbx still has time despite missing deadline by the judge. I was going to try and negotiate for costs anyway as stbx has messed around since outset forcing me to take him to court on the finances although I was respondent in the divorce. I guess I just hold on until November and then see if anything does/does not turn up. If it doesn''t then I will ask my solicitor to do what you have suggested. Thanks for the advice. Very kind!

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