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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34105
Experience:  25 years experience of all aspects of family law
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I have just received Notice of an application for a financial

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I have just received Notice of an application for a financial order, Notice of first appointment, and notice of response to first appoint.

This came as a big surprise to me because I have not yet even returned the Acknowledgement of service for divorce petition.
I did not know she can move ahead regardless of the divorce process.

Problem is that the date given by the court 30th September is very inconvenient for me. I have to leave UK for Japan on the 15th September and I won't be able to come back to UK at least for 4 month.

Is there anyway to ask court postponing the date of the first appointment?
What happens if I can not comply with what they say on the notices?
Thank you for your question I shall do my best to assist you.
I am afraid your ex is indeed entitled to issue the Financial Application as soon as the Divorce Petition has been issued.
If you cannot attend Court on 30th September then you should let her solicitor know and ask if the matter could be brought forward to a date before you go.
If you are not willing to do this then you can apply to the court for the matter to be adjourned until you come back - but that is unlikely to happen.
Alternatively you can arrange to attend the hearing via Video link.
If you simply ignore everything the matter will eventually go forward in your absence and you are likely to face an application to commit you to prison for contempt of court.
In addition eventually it is likely that a settlement will be made based on the figures that your ex gives the court
Customer: replied 4 years ago.

How important is this hearing?


I understand in the first hearing the judge only looks at form E and decide what other information he needs to make decision.


If I ask my solicitor to attend on my behalf how will disadvantage me?


Instructing a solicitor to deal with it in your absence would be fine - and an excellent and cost effective compromise
Clare and other UK Family Law Specialists are ready to help you

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