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plclegal
plclegal, Barrister
Category: Family Law
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Experience:  Barrister at law
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Can you please advise what happens if one party in uk

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Can you please advise what happens if one party in uk divorce auxillary relief hearing does not attend court hearing . Respondent is finding all ways in to try to jeopardise the court and divorce process. Would the hearing still go ahead
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: Yes the hearing is today... this is already the second court hearing in financial settlement process
Assistant: Have you talked to a lawyer about this yet?
Customer: Yes . I have been liaising with some of your experts already
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello and thank you for your question.

If this is the first time that the other party has not attended, they may be given the benefit of the doubt, particularly if they notify the court in advance. If they do not notify the court you can ask for the hearing to proceed in their absence, though if the judge does really need to hear from them before making a final order I would expect the hearing to be adjourned by the court to give them a final 'chance' to turn up before orders are made.

So I don't think you will get a resolution today, if they don't attend, I'm afraid.

Is there much in dispute between you?

Hello - I didn't hear from you.

Can I assist you further with your question?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.

Kind regards,

Peter

Hello - I didn't hear from you.

Can I assist you further with your question?

Kind regards,

Peter

Customer: replied 5 months ago.
I have a follow up question for you if you dont mind. My partner had his Court Hearing on the 13th January which was for an interim order for sale of former matrimonial house, requesting sole conduct. Unfortunately whilst the court was happy to hear it and take payment, it was a waste of time as Judge within 2 mins said that it is not a perishable property and as my partner , despite having to continually borrow money, does not have creditors starting legal proceedings against him, it is too premature. He Final Hearing date is set for 26th FebHe tried to present his case and explain that as he works within financial services industry , he cannot afford to be in a situation that creditors commence proceedings but judge just said, it doesnt matter what you say, i have ruledThe final Hearing is set 26 Feb which will determine how the former matrimonial house is split (this is the only asset). His ex wife is living in the property, agrees it should be sold, contributes absolutely nothing and then rejects an offer of 2.35mil which was 7% less than asking price. She now refuses to even acknowledge correspondence from estate agents so estate agent has now stopped marketing the property.My partner has almost run out of options and places to borrow which in costing in excess of GBP10k permonth.She has also not yet filed with the court the papers that were due as part of the prep for Final Hearing and were due to be received by the COurt by 18th December She claims Court gave her some form of extension. he has written now twice to the court and ask for clarification but they just ignoreJudge said unless creditors have commenced legal proceedings it is too premature for SOle conduct on selling of property. My partner cannot afford to have those types of financial indebtedness issues whislt working within financial services industry but we also cannot afford to keep paying out month after month with his ex wife refusing offers on house and now even worse not engaging at all so estate agents have stopped. what are the repercussions if my partner contacted mortgage lender and said he cannot afford to pay mortgage and explain what has happened with ex wife and sale of house? as there has to be a way in which sense prevails. Surely a judge can see that ..Noone wants to to have to wait until baillifs are knockingAlso regarding the FInal Hearing, should my partner take legal representation or how will this look if a) other party does not and b) from a monetary point of view if we are saying he cannot afford mortgage and his daughters school fees and yet he is showing up with legal representations. Would a judge look down on this especially if his ex wife is not represented. She keeps intimating that she has legal advice and or is waiting for her lawyers comments but as yet we have not seen sight and it could be just her stalling comments to give some form of excuse why she jsut ignores everything even the court deadlines for submission. last question, sorry, if he does have legal representation does it need to be a barrister or can he be accompanied by just a solicitor to the Final Hearing. We cannot afford full legal representation so are wondering if it is worth jsut getting someone just for the Final Hearing in case she a) does have lawyer and b) things are presentated in a way that he hasnt researchedyour comments as always greatly appreciated.

Thanks for coming back to me.

The issue with the bank, as I see it, is that whilst they may be sympathetic, unless he defaults on the payments they cannot take action. The bank can't force a sale unless this is by applying to court for repossession in the case of default, as far as I am aware.

If the wife refuses to sell, or engage in the sale, then only a court order will be able to force the issue.

I understand the frustrations, and the judge could have ruled the other way at the hearing for sole conduct, as they can order this on the basis of the other party's conduct as well as if there are creditors knocking on the door - but it's also in their discretion not to.

My view is that legal representation at the final hearing would assist in getting this finalised.

He can instruct a barrister directly, there's no need for a solicitor, and as they would be simply turning up on the day to represent him its the most cost effective route actually.

See www.clerksroom.com or www.mybarrister.co.uk for a direct access barrister.

I hope this assists?

Customer: replied 5 months ago.
thank you so much. is it ok if i keep this open for a while as it is much quicker and easier than starting a new chain which ends up with someone else. i feel that i have asked you many questions so you have an idea already of the situation whereas when i get another lawyer response, i have to keep explaining the story
no problem. If we need to create a new thread we can do this in “real time” if we are both online and you send a request to me directly. For now you can continue th reply to this thread even after rating for me. Best wishes.
plclegal and 4 other Family Law Specialists are ready to help you
Customer: replied 5 months ago.
Ah perfect . I will date now then and then continue after . Kindest regards
Customer: replied 5 months ago.
Good afternoon. i am afraid i am back with some more questions. regarding the final hearing of the financial settlements, i have the following questionsa) should we request the court addresses the sole conduct of the selling of the property again at this hearing or will we find that they will again say, it is too premature. we are concerned that whilst the hearing is to decide the split of assets that we will again find ourselves in position where all parties will agree the former matrimonial house needs to be sold but then respondent will just once again refuse to engage with solicitors or answer any communications etc. As it stands because she is refusing to engage the house is no longer even being marketed by Savilles since she refused the previous offer which was within 7% of the asking price. Savilles and my partner have each written to her asking her to put her terms in writing, and she does ignoresb) if you advise that the court is unlikely to hear the sole conduct in selling of the property at the same time, when should we reapply to the court . We have reached pretty much the end of our financial ability to pay the 10k a month to support a 2.5 million pound house which she is living in and not contributing a penny. my savings are now exhausted and my partners ability to borrow is at the end. each month that goes by is putting us further and further into debt whilst she continues to do nothing and just ignore the estate agents. what do you advise in these circumstances.. how many times should we be writing to her to chase for her answer. She has still not filed her application to court S25 that was due on the 18th December . we have asked the court for their confirmation as all she has said is that she has agreed separately with the court. Court has so far (despite 2 chase up just not answered our emails)many thanks in advance
Customer: replied 5 months ago.
sorry one more question. is there a standard wording for a statement of truth. the monies that my partner has borrowed we want to get statement of truth signed by the people that have loaned him money to pay for the former matrimonial house to include in his bundle for final hearing
Customer: replied 5 months ago.
Hi Peterwas just wondering if you have had an opportunity to look at these new questions?BestTracy

Hello - so sorry, this didn't come through previously!

It needs to be a new thread - can you post this into a new question for me here please?

https://www.justanswer.co.uk/law/expert-plclegal

Thank you!