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Application Notice for non compliance

  • getdivorce
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30 Jul 12 #346046 by getdivorce
Topic started by getdivorce
Hi,

I am the Petitioner in the Ancillary Relief proceedings. I am representing myself.

15th November 2011 was the date of form E exchange. Since then my partner haven''t shared her last 12 month bank and pension statements. She shared only selective.

I applied for application notice earlier but she didn''t comply. In last hearing (this was third), Court again ordered her to share her last 12 months bank statements. She didn''t comply.

I again applied for application notice. Now court gave a hearing date.

My question is, What to expect in this hearing. She is not complying with court orders and delaying the divorce proceedings on purpose.
What options i have in this regard?

I will really appreciate any suggestion/comments.

Thanks.

  • dukey
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30 Jul 12 #346062 by dukey
Reply from dukey
Just so we are on the same page your talking about a penal notice right?.

If you are then its really for the judge to decide how to proceed, if its now at the silly stage and it sounds like it is the judge can list a committal hearing to send her to prison, if this does happen they sent to suspend sentence pending compliance, though this really is the last chance saloon, no more chances.

Another judge may decide to infer what s/he will from the none disclosure.

Any which way it still is brought to an end, i suppose it how easy your ex wants to make it for herself, sounds like she wants to do it the hard way.

  • getdivorce
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01 Aug 12 #346791 by getdivorce
Reply from getdivorce
Thanks Dukey.

Yes I am talking about penal notice. This was issued earlier as well. Nothing happened. First order was made to share bank statements in November 2011. But still she didn''t share it after 3 more orders including penal notice.

In our previous hearing she didn''t turn up deliberately and judge gave decision but with power to challenge. She challenged and told that she was ill. Now we got final hearing date in November.

What options I have at this moment to resolve it asap. I tried talking to her but she is no mood. She just want to delay this proceedings so that she can prolong her stay on the basis of proceedings. When the date will come she will go back before court date because in last hearing Judge told both of us that none of us going to get anything from each other.

Please help.

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