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History: Home UK Divorce Forum
Topic:
husband wont provide CETV (8 Posts)
Started By:
Date:
23 January, 2017 10:52PM
husband wont provide CETV
karenlr - 23 January, 2017 10:52PM
I am attending my final court hearing at the beginning of march
I have been asked several times through this grueling 18 months to supply a CETV for my pension which i have done.
My husband has 3 pensions and although he gave a figure for his pensions for his E form in total he has never provided any paper work
ie CETVS to confirm these amounts No one, his solicitor, my solicitor or the court has ever chased him for them
As we are only a few weeks away from the final court date I cannot make a counter offer to his because i don't have the correct figure for his pensions one pension is a final salary pension whose CETV is worth I believe lot more than he has put
what do i do ??...i have asked him to get them but he refuses.... can i put the court date off?
what do i need to say to my solicitor who seems only to be interested in me paying her to prepare my court papers?
Re: husband wont provide CETV
davidterry - 24 January, 2017 09:17AM
Unless the sums involved are insignificant and/or you have pensions of more value than those of your husband (or there is some other good reason) the case is not ready for a final hearing without this information. You should, in writing, contact your solicitor in these terms:-

>>Dear X,

I am most concerned that with X weeks to go before the final hearing on th March we do not have any documentary evidence of the value of my husband's pensions. I need either your reassurance that this is not necessary with an explanation of the reason why not or otherwise I need steps to be taken to ensure this information is available before any final hearing. Thank you.

Yours, etc<<
Re: husband wont provide CETV
karenlr - 24 January, 2017 11:24AM
I have a pension of £15,000 against my husbands 3 which even at this moment without paperwork seem to be vastly more than mine

I have been told the co he has his final salary with (a very large tyre co) are in the process of offering all deffered pension owners a ETV on their pensions as well
He has also removed £30,000 from his account over 2016 and in his statement to court he has told them he acquired a 'gambling' problem again my solicitor has asked for receipts of these payments which he has not produced
I had to send to him 39 credit card statements showing all my expenditure which he has gone through and continues to do so with a fine tooth comb...I feel it is only fair he should supply the 'receipts' to show his £30,000 expenditure too
I will get my letter done to day
Many thanks for your advice
Re: husband wont provide CETV
puma931 - 24 January, 2017 11:31AM
Your solicitor can file with the court a schedule of deficiencies, so it is clear to the court what information has been requested but not provided.

If your ex was in a final salary pension scheme then they are worth a fortune especially if they have long service and a good salary level.

What happened at the FDR? Was the missing CETVs raised and the missing £30k for gambling?
Re: husband wont provide CETV
davidterry - 24 January, 2017 02:46PM
>>Your solicitor can file with the court a schedule of deficiencies,

Given the time scale and the fact that an FDR has been and gone there is no longer time to deal satisfactorily with the matter in that way.
Re: husband wont provide CETV
karenlr - 29 January, 2017 02:35PM
Thank you for your replies
David I followed your advice and sent an email as you suggested to my solicitors ...the solicitor acting on behalf of me has been ill and has taken early retirement so the owner of the business has taken over
she said my file is very large and she wont have time to read through it all...there are 2 new solicitors coming into the practice and one will be assigned to my case...she has now obviously seen my concerns and sent an email to my husbands solicitor telling him that he should have been aware these were not produced and that updated ones need to be required ASAP....but its all gone quiet nothing..
Puma ...My husband never produced all the documentation required from him on the questionnaire.... he was asked to proved share cert and values ...he never did...when we went to court for the second hearing his personal bank statements he has never shown turned up 2 days before the court hearing...because of this lateness in everything he produces indeed some times never produces my solicitor put on the questionnaire that because of this we the applicant reserves the right to raise any further questions on the information provided by the respondent
later in dec after that hearing he sent the statements again ..against the ...100 atm cash withdrawals which total the £30,000 he simply wrote for entertainment he has still not produced paper receipts for what these constant cash removals are for even though he has been asked too
..when i challenged him he simply grins and says there aren't any receipts
so in light that this has never been challenged by either parties solicitors or indeed nor has the lack of proper CETV I really want the court date postponed..my husband turns up at our house unannounced and sits watching tv or playing his guitar I am convinced he will not produce what is required or if he does it will be really to late in the day
All my solicitor keeps saying is I need money for you to prepare the court bundles...but with the risk of repeating my self over again I dont want to pay out and get to court if all this information is not produced...can I demand the court case to be postponed
Re: husband wont provide CETV
puma931 - 31 January, 2017 03:18PM
Do you have a barrister for the final hearing? If yes, what have they said?

IMO I would get a Barrister for the final hearing (your solicitor does not need to attend) so it is just one bill for the day c£2,000 plus vat. A good Barrister should be able to deal with all the issues and advise about postponing/going ahead.
Re: husband wont provide CETV
davidterry - 01 February, 2017 06:08PM
>>IMO I would get a Barrister for the final hearing (your solicitor does not need to attend) so it is just one bill for the day c£2,000 plus vat. A good Barrister should be able to deal with all the issues and advise about postponing/going ahead.

That is an expensive way to establish whether the hearing should go ahead or should be postponed because a barrister's brief fee is due when the papers are delivered. If this advice is given at court then you would be looking at two days when a barrister had to attend and two days for which he/she would need to be paid. Your solicitor should be able to tell you whether the hearing needs to be adjourned. And even if for some reason he/she can't or won't your solicitor should still be able to ask the barrister in a phone call or email without having to deliver a full brief.
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