How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33305
Experience:  25 years experience of all aspects of family law
13262538
Type Your UK Family Law Question Here...
Clare is online now
A new question is answered every 9 seconds

My partners ex spouse has resisted every step of financial

This answer was rated:

My partners ex spouse has resisted every step of financial separation. She left marital home with him looking after teenagers which are now adults. She has refused mediation/his letters/solicitors letter, and has informed him she will refuse to disclose Form E and ignore FDA/FDR etc. (They have Decree Absolute)

I would like to know how many times can/will the court postpone a first appointment on the above grounds, when a Penal Notice can be used, if it is at a cost, and what costs and when can he request reimbursement of. Thank you
Hi
Thank you for your question. My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
has the financial application actually been issued?
Clare
Customer: replied 3 years ago.

The application was filed on 24th Oct and he is awaiting dates for First Appointment onwards

Hi
Excellent
Once the time table is in place then you follow it.
When she ignores it and does not turn up to the First Appointment you ask the Judge to issue an Order for the Form E with a Penal Notice attached - then arrange for an Enquiry Agent to personally serve her.
Once the revised date is passed then he can apply to the court for her committal to prison - the fee is £95 and he can indeed claim costs of that - and any other extra hearings needed
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 4 other UK Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Clare,


 


That's very helpful thank you..... Just to clarify. He would have to wait until a 1st and revised 2nd First Appointment is missed, but can only claim for court related fees?


 


I.e. will probably need to instruct a barrister for First Appointment, in this case twice, so this would not be reclaimable? Regardless of her misconduct.


 


There is no charge for the Order to Form E with Penal Notice attached or for Enquiry Agent. The £95 is a fee for committal?


 


Many thanks

Hi
No need to use a barrister if she isn't going to turn up - he should go himself.
The trigger for the Committal is the failure to file the Form E on time - so he will be applying well before the revised First Appointment.
There is no charge for the Penal Notice - you will have to pay the Enquiry Agent do NOT skimp on that
Clare

Related UK Family Law Questions