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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28802
Experience:  25 years experience of all aspects of family law
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Hi I am still on going with my divorce, my husband has given

Resolved Question:

Hi I am still on going with my divorce, my husband has given very little financial disclosure, he will not move into any other place to live, and has locked me out of my family home. I have asked him to get a key cut and let me have access to my home and my personal belongings but he has not taken any notice. I have made him an offer to try and speed things up, he has refused this, even though it is probably a lot less than he will end up having to part with. I still have no where to live, I live at my parents and have been doing so for the last 15 months now. I have no money to rent or buy as all my earnings are going towards my solicitors costs. We are not at a stage where the solicitors have book a directions hearing at court, because my husband is not co operating at all. I have been ready and waiting with all my financial disclosure since February 22nd. This was the date my husband and myself were given to have all our full and frank disclosure in. I have now had to employ a barrister. I am not sure what will happen but I am extremely worried. Will the Judge have enough power to make my husband disclose all his financial matters? And if not what may happen?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
HI
Thank you for your question
I shall do my best to help you but I need some further information first.
Is the property held in joint names?
Has a court application to deal with the finances actually been made?
Claire
Customer: replied 1 year ago.

All our properties are in my husbands name, even though we have been married for 33 years and I have helped pay all the mortgages and worked for my husband all my married life.


The court application has been made to deal with the finances, hopefully this will make him either accept my offer or hand in all his deficiencies.


I am just fed up of waiting for him as I am at my parents home, and they are very old. I have no money to rent a flat or anything else at the moment. My husband has always been very secretive about our/his finances.

Expert:  Clare replied 1 year ago.
HI
When is the first hearing date?
Claire
Customer: replied 1 year ago.

We have had the first FDR hearing and was told to have all our financial disclosure in by 22nd Feb 2013. Which I did. The judge also said if we could come to some agreement before the next FDR hearing it would be cheaper for us both. I have made an offer (non prejudice) but my husband has refused it. He still has not let us have most of his financial disclosure even after asking for it twice. We did have a date for the second FDR hearing, but we are now using this date as a directions hearing from the Judge on the 29th August 2013. Then I presume we will have to go to a final hearing for the judge to do the decision making as my husband is not complying.

Expert:  Clare replied 1 year ago.
Hi
What information is outstanding?
has your solicitor applied for a penal Notice?
Claire
Customer: replied 1 year ago.

Yes I think this is what is about to happen next. I am aware this is what my husband will have to go to court for. My Barrister is going on my behalf as I am on holiday.


But my concern is, he doesnt seem to care what he is ordered to do, he just wont do it. If he ignores the judges order on the 29th August, what next?


 


In the meantime I am struggling at my 80 year old parents, and am now just about to loose a house I have been trying to buy, due to the fact my husband says he wont let me have my family home. Its so annoying and frustrating!


 

Customer: replied 1 year ago.

Sorry the outstanding information is very great! He has not even submitted basic stuff like mortgages he has re opened.


 


We are waiting for all his tax returns,


his company has turned over a million pounds but he has handed in some accounts that say he has made a loss.


He is denying all pensions and investments.


He was left a lot of money fourteen years ago by his father but he says he has not.


He has moved all his bank accounts


Closed two bank accounts which were joint.


The lack of information from him is endless

Expert:  Clare replied 1 year ago.
Hi
Have you looked at the letters you have received to see if your solicitors have applied for a Penal Notice - the threat of prison
Claire
Customer: replied 1 year ago.

I will ask them, all they have said is that the judge may put a judgement or a fine upon him personally prison would be better ;). I am not sure how it all works.


If he doesnt comply with the judge or my solicitors requests, is this what may happen prison? If so where does this lead me? I will still not have anywhere to live and cannot move on.

Expert:  Clare replied 1 year ago.
Hi
If he has not done so then your solicitor MUST apply now for a Penal Notice to be attached to the Order so that it can be serves as soon as possible and then if he still has not done so by 29th August the the application can be made to commit him to prison
Your solicitor should also consider an application for an Occupation Order to allow you to return to the property
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 1 year ago.

I am sure there is a penal noticed attached to the order, but we have not applied for an occupation order, may suggest this.


I did suggest trying to get some maintenance off my husband but my solicitor said this would slow my divorce down now, and thought it best we should try and get the divorce sorted.


 


Richard is living in the family home as I was the one that left, so he will not move out, and I cannot see that I can live under the same roof as him as he is very controlling and can be narssistic at times. It might however give him a shock.


 


If my husband ignores all the court orders what will happen if he is ordered to prison? Will I have to wait till he come out before I can have my own home?

Expert:  Clare replied 1 year ago.
Hi
Unless he wishes to stay in prison indefinitely then he will produce the paperwork
If he chooses not to then the Court can continue and make an order based on the figures that you have provided - and order the transfer of the property into your sole name
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28802
Experience: 25 years experience of all aspects of family law
Clare and 4 other UK Family Law Specialists are ready to help you

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Clare
Clare
Solicitor
28802 Satisfied Customers
25 years experience of all aspects of family law