A very strange situation that I find myself in as the Applicant.
FDR hearing took place in Nov 2021 where the Respondent did a no-show with her representing solicitor. A final hearing listed for next week, there were a number of penal notices attached to the order made in Nov 2021, none of the penal notices have been complied with.
Court orders for updated disclosure and S25 statement exchange in mid-Feb 2022, nothing forthcoming from the other side or their solicitor despite numerous requests from myself.
The last communication received from the Solicitor of the Respondent was in September 2021, I wrote to the solicitor last week (cc'd the Respondent) and asked for confirmation as to whether they still wish to participate in these proceedings and if a response was not received in 48 hours, I will work on the provision they no longer wish to partake in these proceedings - this was a week ago and no response received from either the solicitor or the Respondent.
The long and short of it is as follows:
- Only £40k equity available through sales proceeds from former marital home
- No disclosure from other side aside from form E which was done in Jan 2020.
- Local community knowledge is that the Respondent has been in a relationship for the past 9 months with a high net worth successful local entrepreneur, she has been seen driving around in a top spec range rover and is moving into a 6 bed house with her new partner.
- Salaries are near equalised
It's clear that the £40k available has just become loose pocket change for the Respondent given her new relationship.
Any ideas as to what sort of argument I present at the final hearing next week? I have a mortgage offer; a £200k property purchase will require a £30k deposit. I would like to re-house myself and the children as I currently live in a 2 bed and they will need their own bedrooms. The kids stay with me for 48% of their time.
I'm thinking of making an open offer of £30k to me and £10k to the Respondent; this is on the basis that no disclosure has been made on her part and that this settlement would allow myself and the children to re-house ourselves. However, I am thinking whether there is any point in submitting an open offer, the other side are unlikely to respond or attend the final hearing?