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Almost there… despite obstructive ex

Posted by Concerned dad 
Almost there… despite obstructive ex
January 13, 2022 09:14PM
A bit of advice please… I have been attempting to get divorced for the last 5/6 years. My ex engages very little to the point i would even say she is obstructive. Despite her making the first steps I have pushed and arranged everything. Long story short she refused to negotiate finances re settlement / clean break, refused to engage in mediation and now after a first court hearing is refusing to answer or provide full replies to the questionnaire we both raised prior to the first hearing and as directed by the judge. We are waiting on a pension actuary to review our pensions however my ex has declined to provide her state pension forecast and the actuary has not received anything from her pension provider (I’m assuming she hasn’t given consent or authority for this to be released)

The FDR / 2nd and I had hoped the final hearing is at the end of March but I don’t think the pension report will be ready - the actuary estimated a 6-8 week turnaround at the start of the year.

My solicitor has prepared a schedule of deficiencies and apparently put my ex’s solicitor on notice re costs but in plain English / real terms what does this mean?
If the FDR / 2nd hearing doesn’t go ahead as arranged what are the cost implications? Can I obtain a financial order and clean break anyway as she refuses to engage?

FYI I have full custody of our 2 children and we live with my new partner in her home which I have no financial interest in. My pension is far better than my ex’s and the only other asset is approx £40k from the sale of the FMH (sat with conveyancing solicitor until finances agreed).

Thanks in advance!
Re: Almost there… despite obstructive ex
January 14, 2022 04:15PM
If a person does not comply with a court order usually the simplest thing to do is to apply for a penal notice to be endorsed on the order and to claim the costs of that application (after giving due notice that such an application will be made if the original order is not complied with). Once a person has been on the receiving end of that once they tend to comply going forward.

Unfortunately Covid has really gummed up the court system (like much else in the public sector) so no remedy is now anywhere near as quick as it should be.
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