Ex Misleading Court and Now Refusing to Co-operate

Hi everyone, I have had a hearing but ex couldn't show where a lot of money had gone, had submitted misleading wage slips, hadn't submitted statements from some bank accounts, hadn't declared she had set-up home renting with a new guy, then claimed he only rented a room from her, then she altered her rental agreement to remove his name etc. Ex claims she doesn't know how much her car cost or how it was paid for or where the funds came from etc.

The court ordered that she provided more bank statements etc but the deadline passed months ago and neither her or her solicitor are responding to my solicitor.

I have a new court date. What is likely to happen under such circumstances?

You have a solicitor. You should be asking your solicitor these questions and whether anything should be done about it. Your solicitor obviously knows much more of the background to all this than anyone here.

My solicitor has applied to court for direction. I wondered what tends to happen in these sort of situations?



Edited 1 time(s). Last edit at 02/01/2021 07:06PM by Dave Rave.

Like I said, the best person to answer this is your solicitor. You are paying for his/her advice after all.

Solicitor isn't very forthcoming and I am running out of money so would be good to have some idea. I have also searched online but not found anything relevant.

It is not surprising you have not found anything relevant. These are circumstances individual to you as are the directions your solicitor is seeking on your behalf. If such an application has been made the application will SAY what directions the court is being asked to make.

Thanks. Solicitor hasn't supplied me with a copy of the directions being asked for but my understanding is that it's just a case of lodging that the other person isn't cooperating.

In general terms it surely isn't unique to get to a final hearing whereby an ex has been caught providing misleading info and then stopped co-operating with the court order to provide more info.

What can a court do if the person hasn't supplied the info (banks statements, pension value, rental agreement etc) ordered by the judge?

>>What can a court do if the person hasn't supplied the info (banks statements, pension value, rental agreement etc) ordered by the judge?

It can order them to do so and attach a notice pointing out that refusal to comply may be a contempt of court. If the recipient still does not comply after attachment of such a notice then proceedings can be taken to commit that person to prison for contempt.

I thought I'd give an update... An Enforcement was issued against Ex to provide bank statements etc by X date. She has again failed to do so.

My solicitor says that when it gets to the final hearing I could ask the judge to accept my statement saying how much ex has hidden as ex is failing to show otherwise. Am I better to do this or go back to court for breach of the enforcement?

It really very much depends upon the exact wording of the order made against your ex. The exact words of a court order matter. Because a person does not do X that does not prove Y. However, an order which says something like, 'and in default the court may make findings of fact based upon the evidence of A' would be a stronger foundation. There is an obvious risk that a court may say, 'well, you knew she was in default but you did not bring the matter back before the court'. The wording of the existing order is everything.

We were able to show that ex had recieved x amount of money and an order was made for her to provide statements to show where that money has gone. She didn't do so, an enforcement was then made and not met. Therefore we could say she must still have that money as she's failed to show where it went.

However, there's a lot more than that x amount hidden so as you suggest, I will check the exact wording. Thanks!