Good morning
Stbx has not provided full disclosure as ordered by the courts despite a Penal Notice attached. He was also ordered to pay thousands of my costs again missed a deadline. He then tried to make an application to the courts pleading poverty requesting for the costs to be deferred to financial settlement and again the judge dismissed his application and ordered he pay my costs for defending his per judge " not well thought through application. He has a separate matter related to submitting fraudulent documents in court pertaining to an overseas company during the proceedings which has been flagged by my solictor as litigation misconduct. Unsurprisingly He has since severed ties with his solicitor .
a month ago he advised my solictor he 'is in the process of instructing a solicitor'. He was given a deadline for him or his new solictor to revert back with the specific disclosures and replies to the lengthy schedule of Deficiencies however we are not getting positive responses. Simply stated as already advised I am in the process of instructing a new solicitor and will not give a timescale.
The deadlines iper penal notice have already been breached by 2 months.
Re: CosRs Order : I have not received a penny for the 2 separate costs orders again deadlines have been breached. My solicitor responded the difficulty with enforcement is he is threatening bankruptcy and deliberately not working as an IT Consultant due to the new IR35 regulations. It may appear he only wants an outside IR35 contract so he can continue to use his LTD company and declare low dividends and low salary or rather not work until conclusion of Financial Settlement he could state living off 'family and friends generosity and loans from friends' Appears he is reluctant to take on inside IR35 contracts for fear of disclosing his PAYE earnings that would be considerable every month.
FDR is in a few months time , please kinfly advise would be the next best course of action in light of the above. This is a man who is simply frustrated and would rather not comply unless push comes to shove, a Penal notice has not compelled him to comply instead he is no longer legally represented. It would not surprise me if his ex solicitor is likely to be providing off the books services as he wrote a legally worded letter responding to the submissions of fraudulent documents and titled it ' Without Prejudice' .
As we have not valued his known assets abroad (company, lands/properties, forex bank accounts) due to lack of adequate disclosures and awaiting further disclosures per penal notice , no doubt the FDR will be ineffective.
Do I proceed with FDR in a few months time, exchange updated disclosures which now shows him penniless as he is not working for reasons outlined above and make my highest offer by drawing inferences on the possible value of assets ahead of FDR? The FDR alone will cost in the region of £5-6K!!!
Or apply for committal by enforcing penal notice? I understand from my solicitor the courts are unlikely to commit as prisons are not full of people breaching orders... but she will take my instructions and act accordingly.
Or go straight to FH? What are my chances of the court approving? Is there anything in the Family Rules that provides for this exception?
I honestly want to proceed with the most effective route. Ultimately I would like a
fair settlement. I am primary carer of my young children also working full time. I am the applicant. Spent tens of thousands in legal costs so far.
He wants the FHM sold as he also needs accomodation as stated in earlier submissions..
Please please kindly advise. I am seeing a Therapist to assist with my mental wellbeing. I rarely sleep and have my children to support financially. I receive very minimal
child maintenance as it is hardly covers weekly grocery shopping.
Thank you in anticipation.