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History: Home UK Divorce Forum
what is the law??? (4 Posts)
Started By:
23 February, 2017 11:21AM
what is the law???
karenlr - 23 February, 2017 11:21AM
I,m really getting fed up now....having had to deal with a change of solicitor at the last minute (no its not her fault she was ill)
I now find my self once again truly stressed
My new solicitor sent in an application with a penal notice because we are a week away from a final hearing and my husband wont provide updated pension certs (the one his solicitor keeps sending us has 2015 written on them)

This is what my solicitor has said..

Infuriatingly, the Court have sent back the directions application, claiming that I have sent the wrong Court fee. They are completely wrong: I have sent £155, which is the proper fee where an application is not by consent. They are insisting I should have sent £50, which is only appropriate where the order sought is agreed.
The question is, what we do with the application now.

On the one hand, we could send it back in, with a letter confirming that the issue of valuation of the property has finally been resolved, but that the other issues remain unresolved. Alternatively, we could not send it back, on the basis that even if it goes back tonight, by the time a Judge now looks at it, and grants the penal notice which is the main remaining remedy (along with clarification about the pension valuations) that we seek, it will be too late to be of any use.

On the other hand, if we don’t send it back in, then either a) the hearing will go ahead, and the application won’t be live, so it will be harder to convince the court to consider adjourning the hearing (with costs against your husband) or generally taking into account the lack of updating information on the pension, or b) the hearing will be adjourned, and we will lose momentum as that application will still have to be sent in to make him comply.

do you want me to send it back, or do you want me to hold on to it?

I,m not a solicitor ...I don't know what to do why is she asking me!!!!...I was always told (and have provided) that for the final hearing to go ahead full and updated disclosure must be available?....is this now not the case??
Does this mean now my husband can waltz into court with his 2 yr old pension CETV (one being a final salary)
How on earth will I get a fair settlement when we dont have the correct figures to work with....
I could weep...
Re: what is the law???
Bubblegum - 23 February, 2017 01:03PM
She is asking you because you are instructing her. She has set out the options available to you with all the pros and cons of each. It is down to you to decide how you should proceed. It would seem you do need further explanation into each option in order to make that decision. I would give the solicitor a call and ask her to talk you through the options again so that you can make an informed choice.

I appreciate it must be very stressful to have to deal with this just a week ahead of the FH. I too would struggle to make this choice. I guess you need to take a step back and just look at the numbers I.e. What are the costs involved in an adjournment? Does the possible discrepancy in pension value most likely outweigh this? Etc etc. It's also worth bearing in mind that CETV's can take ages to come through.
Re: what is the law???
karenlr - 23 February, 2017 01:45PM
The discrepancies in the pensions are quite large...my husband has 3 pensions all the CETVs are dated 2015....I have a pension which i have updated from one of the same companies and it arrived in 3 days..... The other is 2 weeks which he could have got in Jan (he was told to )The final salary pension has gone up a lot we suspect
(a well known car co) why should my husband not do what he has been instructed to do?...I have
He doesn't want me to have anything and it seems this is the reason he is not complying....he hasn't even sent in updated bank statements. on the last ones we saw way back last yr for our second court hearing totalled £64,000 (he has also dissipated an additional £78,000 to his sisters bank account which was found out....so you can see for me it really is important to see those new CETV....i dont want any more than I am asking for I simply want to prove that is a fair share...I,m afraid I dont understand the law enough to know what is best in this situation.....I,ve pd them £14,000 I would have thought at least a little more advice would have been more forth coming
Re: what is the law???
MQS - 25 February, 2017 08:52AM
I am in the same boat as yourself and it is frustrating believe me! My husband and I have been in court 3 times and every time he has been asked to disclose the new bank accounts he opened after he closed the old ones after I left! He has just ignored everything he's been asked to do. We are now going for the FH in April. My barrister was changed 3 days before my last court date and I'm pretty sure it was me who briefed him on the day
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