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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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as applicant i have a final hearing in a divorce shortly but

Customer Question

as applicant i have a final hearing in a divorce shortly but am currently unrepresented. both my wife and i are also late with relevant questionnaires and statements. my wife has failed to disclose her assets in a full and frank way in her form e. i need to know how best to apply to the court to adjourn or amend the hearing for further directions. your advice would be very much appreciated.
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
What is the date of the next hearing and what is it called (First Appointment Financial Dispute Resolution or Final)
Claire
Customer: replied 4 years ago.

hi claire


it is a final hearing listed for 2-3 july.


steve

Expert:  Clare replied 4 years ago.
Hi
My apologies you had said that
How late are the replies to Questionnaires and what further information are you looking for?
Claire
Customer: replied 4 years ago.

questionnaire answers• were due 22 or 29 march and statements* 10 april (2013). since losing representation because of the 'complaint' i have been trying to negotiate a way forward with my wife but apparently to no avail. i have also not been able to secure an alternate representative either because of time constraints or professional indemnity issues.


what i need to know is whether or not to now apply to the court for an adjournment owing to the lateness of * and my wife's apparently not having made full and frank disclosure in her form e and the need for further investigation or to go ahead with the hearing and explain this myself and ask for directions (or do i have to know what directions i want before asking?).


as i have mentioned i have a legal aid certificate in place but no representation at present.

Expert:  Clare replied 4 years ago.
Hi
Have you filed your replies
Claire
Customer: replied 4 years ago.

do you mean replies to our respective questionnaires? if so no we have not filed them. we are both overdue with these (they were due 22 or 29 march).

Expert:  Clare replied 4 years ago.
Hi
Why have you not completed yours?
Claire
Customer: replied 4 years ago.

initially i was delayed by the ongoing battle i have with ocd - obsessive compulsive disorder - and depression. then by the 'complaint' issue with my representation at that time which put matters into suspension. then by my attempts to use the interim period ahead of this forthcoming hearing to try and negotiate a way forward with my wife. we made many agreements but each time my wife has not followed through. i have for instance a dated and signed 'initial proposal' from my wife for our financial resolution which discloses the substantial assets she failed to disclose in her form e. i have continued to try and negotiate with my wife while trying to secure an alternate representative but to no avail in either case. i have had to try and find representation further afield and have initial appointments scheduled for early next week.

Customer: replied 4 years ago.

i request a refund please. thank you.