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Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13472
Experience:  25 years experience of all aspects of family law
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Court hearing 4 april 2016. Unusally wife is on 6 criminal

Customer Question

Court hearing 4 april 2016. Unusally wife is on 6 criminal charges and facing*****trials in June. Imprisonment highly likely. Divorce concluded. Wife was applicant in AR, but never disclosed or attended any hearings FDA, Adjourned FDA or even financial remedy. I attended on my own and obtained an order for 20k. W objected and applied to be set aside , saying that there was agreement between us and I had gone behind the courts back. The outcome on april 4th may be that W is given a 5th opportunity to file evidence, which she will not do. I want this hearing pushed back to after the criminal trials. W has hidden assets away. W and I cannot speak due to her bail conditions. If I were to write to the court asking that the hearing be delayed (as I intend to rely on her convictions for Forgery, bomb hoax , PCJ x 2.) what would the procedure be and chance of success?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.


Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

For clarity this is your ex's applictaion to set aside a Judgement - is that correct?

Customer: replied 1 year ago.
There was a hearing back in January and enforcement was halted. This is the hearing to decide what happens next, ie. should it be set aside , not set aside (what i want, obviously) , or if there should be x days for her to file evidence (which she has never done). She did not attend , she is saying it was because she thought there was agreement, and there is some evidence to support that. did not attend first hearing - no explanation, ordered "applicant wife must attend next hearing (never bothered). clear evidence that she knew of orders 1 and 2 and was expecting something in the post ("a statement from respondent husband setting out which orders he wants and why" - paid lawyer £800 to draft it upon her and did that, disposed of proof of postage and never checked if she got it.)
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
had a spot of good news!!! court rang to say that due to "judicial availability" hearing has been delayed until may, however I'm out of the country until June so i'm very happy that the finances will be sorted out after trial. thanks
Expert:  Clare replied 1 year ago.

That is excellent news - do you need any more assistance?

Customer: replied 1 year ago.
no thanks.