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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18298
Experience:  I have been practising for 30 years.
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I am at the fdr hearing my wife fails to make timley

Customer Question

I am at the fdr hearing my wife fails to make timley disclosure to the court when i employ a solicitor she goes quiet then the solicitor she as refuse to ackowledge she is my wife solicitor then they dont conunictate with my solicitor all the time costing me more money i need the court to deal with her by impossing an order to comply with due processs and include finanical penalties if she doesnt This as been going on over 15 montha now and in at the end of my rether with it
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: England We have no children of the maraaige
JA: What steps have you taken so far?
Customer: I have got it to the court we had a date set my eife solicitior contacted me saying my wife and ahe needed more time to complete form so o agreed the order to complete now they have go silent again just playing for time
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We also have exchanged form e and my wifes is incomplete and she has not included evidence to back up her claims
Submitted: 11 days ago.
Category: Law
Expert:  F E Smith replied 11 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

for background -

how long were you together and married in total? and no children?

what is the reason she is delaying?

what are you waiting for her to disclose?

what are your solicitors doing about this?

Customer: replied 11 days ago.
5 yearsShe want more than here share of the agreed property at the time of signingvthe mortagae it was 70 30 split my favour as i put all the deposit and funded the nessary work involved
She has complete an form e that is not true in the stament of truth as she as put here date of marriage two years later and supplied no finacial document only bank statments that show she as a positive balance
No docu.ents to prove she as paid what she says she as she and her solicitor are using avoidance tactics
To me it look slike very little
Am i entilled to all my papper i have paid my solicitor to prepare for me and a break down of cost and time spent on each part they have done i have asked for these 3 tomes but my solicitor just use deaf ears and does not respond to
My request
Expert:  F E Smith replied 11 days ago.

If they don’t communicate, it’s either because they have been told not to communicate, she hasn’t paid the bill, they are just ignorant and can’t be bothered although your inefficient, or they are no longer instructed.

If they don’t reply, write back and tell them that unless you have a reply within the next 48 hours, you will write directly to their client. I wouldn’t be messing about wasting time in correspondence.

If she is simply not complying with a request or an order then you make an application for an “unless order” which is an order that unless she does XYZ by ABC date then DEF will happen.

So for example if she doesn’t let you have all the information that you want to buy a particular date, then the court orders that judgement is awarded against her. In extreme circumstances of non-compliance to a court order it could be that she goes to jail but you are a long way from that.

I don’t know whether you have 7030 split in a prenuptial agreement and whether you both took legal advice on the effect of that but if you didn’t, your 7030 agreement at the time of doing the mortgage is of little effect and virtually no effect if you have since had children.

Costs are not normally awarded in the family court unless one of the parties has acted really unreasonably and you could ask for costs to be awarded against her on the basis that the majority of your correspondence has been unnecessary and only due to her not replying.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.