I totally know what you are going through. my ex was supposed to exhange/file on the 11th june and to date has not so I wrote to the Judge and explained and put it in today but I didnt ask for an order as i beleive It would mean the FA would be put back just informed the judge that my documents will reflect it, I will ask him/her for Directions on the FA. At least he has a solicitor that you can send it to mine has returned no paperwork at all to date, but my Decree Nisi is pronounced tomorrow . Its stressful and I should be reading my book instead of on here but thought someone may be able to help me with my predic at the same time. How are you going to approach the statement ect? x
if you have made reasonable resuests to the other party for them to file and exchange form E and they have not done so by the deadline you could file a d11 (£45) with the court asking for a new deadline backed with a penal notice. They can be asked to cover the costs. If granted serve it on them and run with the new dealine. If they dont meet this deadline then you can return to the court and ask them to be brought before it to fill out the form. I think penal is not usually literal in this case.
So D-day is fast approaching, I go to court on Thursday 28/6 at 9am & still no form E from my exh. A letter and appropriate forms have been sent to court with evidence of my compliance and detailing the efforts we have made to exchange.
It had not been received, nor any communication from the other sides solicitors at 6pm on Friday so looks like I will see it for the first time on Thursday. As this was the pattern of his obstructive behaviour throughout the divorce, we will be inviting the court to rule and award costs in my favour.
I will update the outcome and hopefully give others in the same position an idea of what to expect.
It wont happen, all the judge will say is that costs be reserved in the application, in other words the judge will postpone any costs order to be decided at FH should it go that far, not filing form E and the rest on time is quite common and judges don`t seem to care, they should but they don`t.
If he fails to file and serve form E the judge will make him file it, chances are you will get it just late, some turn up with them the day of the hearing, forget the D11 there is no where near enough time, leave it to the judge to deal with on the day, if he does file late make sure the judge is aware of it.