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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Ex filed form A Jan 2015 and never participated with process

Customer Question

ex filed form A Jan 2015 and never participated with process at all, missed 3 form E deadlines, no-show at FDA (live 20 mins down the road, went to work), ordered to attend next FDA, no-show again. At adjourned FDA judge ordered me to file statement on her and court stating what orders I wanted and why. No-show at financial trial. Got lump sum of 30k which I justified line by line based on the form E I submitted. Now she has put in for it to be set-aside as she does not like the outcome and an application hearing has been generated. Filed it the day after she was arrested and charged with my harassment. She is mad generally. I think she fibbed about where she is living. It was the *courts* obligation to serve her with notice of the hearing. This is causing me a lot of stress I was child free and happily divorced and now I have been sucked back in to it.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
Please clarify what needs answering regarding your issue.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youAt the first hearing your ex will have to give an adequate explanation for her failure to attend Court.She will no doubt say that she did not receive any of the paperwork - but will then have to explain why she DID receive the copy of the Order and could make the application.Unless she has an adequate explanation then the Order will stand - and even if the Court does decide that her explanation is adequate she will have to pay your costs.Please ask if you need further detailsClare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34263
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
She has put in her statement "I certify under oath that I have not received any paperwork". This is not true. My concern would be that she may turn up with a barrister (and probably will) and argue a technical point. Do you concur that she will not get very far.
Expert:  Clare replied 1 year ago.
Hi
Given that it was her applictaion and accordingly she provided the details the Court will take some convincing - and she will also have to explain why she did bot take steps to find out what had happened
Clare