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Financial remedy

  • Williamwallace
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4 months 2 weeks ago #514383 by Williamwallace
Financial remedy was created by Williamwallace
Good afternoon.
I submitted my divorce which was ignored but I had proof of receipt. It is in the process of deemed service with the court.
My solicitor sent the ex a letter requesting a clean break and if not then he would need to complete form E. He is ignoring this too so I'm going to have to go down the ancillary relief route I think?
If I do and he chooses to ignore requests to complete form E, can I still get a clean break order?
It was a short marriage with no matrimonial assets and no cohabitation hence why my solicitor advised a clean break. We have one child which he also ignores child maintenance.
Since separation I have purchase a property and since sold it while now I'm awaiting completion of another (not sure if this matters)
He is also refusing to get legal advice

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  • .Charles
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4 months 2 weeks ago #514384 by .Charles
Replied by .Charles on topic Financial remedy
You can still get a clean break but only if the court deems this appropriate. If your ex fails to engage with the court process he is likely to receive a penal notice followed by his committal to prison.

Some judges would make orders for a penal notice without an application but it is likely that you would have to apply for such an order and have the application served upon your ex before an order is made. This costs time and money but if you want an order you may have to force the issue.

Charles

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4 months 2 weeks ago #514417 by Williamwallace
Replied by Williamwallace on topic Financial remedy
Thanks so much for your help

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