I have the final hearing on June 8 2018. Despite being ordered by the court to disclose the whereabouts of £32k by 28 December 2017 my STBX wife has yet to do so. I have an enforcement application in with courts for this and £6k of unpaid costs awarded to me at previous hearings. It’s likely that we won’t get to hear about the date for the enforcement until the end of April and less likely to get the hearing date before the final hearing.
I’m thinking the FH date needs to be rescheduled to get enforcement hearing done and compliance of the existing orders etc. Is this best course of action or will the judge take a different view if the FH went ahead?
Just to add to the mix ... My STBX wife has made no offers to settle or will engage in any shape or form in such and I doubt that she will at the FH either. How will this be viewed by presiding Judge ?
There is no real point in dragging this out. If you have evidence that the £32k exists, you can ask for it to be included in the pot for division. When the assets split is decided it be be assumed that she already has £32k.
You can also ask for her share to be reduced by £6k and that sum added to yours to cover the outstanding costs.
It did or does exists she has provided a bank statement that showed it existed at the start of this but not where it is now and if any of it is still left. It was transferred to an undisclosed account shortly after the breakdown of the marriage
Have you made any offers to her? If she has not made an offer, then you certainly should. Make it a bit on the high side of fair, assuming she already has the £32k and leave in a couple of bits that you could 'give away" as part of the negotiations.
If you have Final Hearing coming up, what happened at FDR? What did the judge say?
Have you got dates for producing S25 statement etc? Also have you been given a date for a pre trial hearing? This is where missing documents etc can be sorted out - and the judge will give a view on how they will be treated.
You say you have a barrister. Do you also have a solcitor running the case or are you doing this yourself?