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Schedule of Deficiencies

  • Phoenix8152
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15 Jul 23 #521445 by Phoenix8152
Topic started by Phoenix8152
Hello
My husband, who knew divorce was on the cards for us back in 2017 is hiding money and assets and will not disclose certain bank accounts and provide credit card statements and any other accounts. husband has given away well over £100,000 to his two adult children in the last few years and also transferred his 50% share in a house he owned with his first wife. When he moved into my house that i owned in 2000 and we married he automatically owned 50% of my house too. My house was worth double the property that he had a 50% share in.
I issued a Schedule of Deficiencies a couple of weeks ago asking for closing balances of accounts he claims he has closed, complete statements of bank accounts he acknowledges etc. In short a lot of information was missing from the Questionnaire that the judge ordered to be answered at the FDA. STBX’s Solicitor has replied he has already answered the questions and does not intend to elaborate any further than he already has.
Does anyone on here know please what my next steps should be? Should I write to the judge or wait until the FDR to bring up all these anomalies. I’m just worried that it will delay things at the FDR, or the FDR will be adjourned or even a Final Hearing would set. I’m a Litigant in Person because he ran off with our life savings and the family car leaving me to manage on a State Pension! I had to move in with my daughter until this is all sorted and I get 50% (or more hopefully) of a property we own in Italy.
Any advice would be really welcome.
Thank you
Lynda

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16 Jul 23 #521452 by hadenoughnow
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If you have a court order that says he must answer questions and he has not done so satisfactorily, you can ask the court to intervene so FDR can go ahead based on all the relevant financial information.

You would need to submit a D11 and ask the judge for directions. It may mean the FDR is used as a directions hearing.

You could also put together a proposal based on the values of properties at the start of the marriage etc. A lot depends on how long the marriage is but a judge may think this is fair.

You can get cost effective support through the court process from this site as well as the free advice in the forum.

Hadenoughnow

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07 Aug 23 #521547 by Phoenix8152
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Thank you hadenoughnow for your response. It was really helpful. I shall complete a Form D11 as suggested.

  • werqaz123
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27 May 24 #523147 by werqaz123
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Could you please let me know how the D11 submission process went? I am in a similar situation and need to complete a D11 and wondered if there was anything I could learn from your experience.

  • Phoenix8152
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09 Jun 24 #523213 by Phoenix8152
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My husband just didn’t turn up for the DIR Hearing. The Judge was not best pleased and sanctioned every one of my requests. My husband has to provide statements and answers to 15 queries within 28 days. Judge has also included a Penal Notice if husband doesn’t comply. Really worth doing but it took 8 months from the time I applied to actually get the hearing and it delayed the FDR by 4 months. FDR is now scheduled for end July 2024.
Hope that helps.
Phoenix

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