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Failure to comply with Form E and FDR hearings

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  • Failure to comply with Form E and FDR hearings

    Hi, I wonder if anyone can give me advise on the following as my solicitor is being very unhelpful with my questions and I am getting extremely frustrated.

    My ex lives in Hong Kong while I have relocated back here with our 13 year old daughter last year after 8 years in HK. We were instructed to exchange Form E's back in November to which I complied, my ex on the other hand has ignored the request and is very obstructive throughout most of all this process. We now have a date for the FDR hearing and as such need to update and exchange Form E's and supporting documentation 35 days before the hearing, the exchange date was the 12 March, again I sent forward all my paperwork with the updated Form E and yet again nothing from my ex.

    So my question to any people out there is this: What are the consequences for my ex if he does not comply? Should my solicitor not be pushing harder for his Form E? How will not having his full disclosure affect the hearing? What are the consequences for my ex if he does not turn up at the FDR hearing? What are the consequences for me if he does not turn up for the hearing and will his absence go in my favour, if so, how so? and finally can the courts enforce anything as my ex resides in HK, however we jointly own properties in both HK and the UK which I am would like split fairly with me owning solely the property here and he owns the property in HK.

    I am getting very concerned over all of this as I have instructed a prominent London Law Firm and the costs are just running away ridiculously, and my Female solicitor is very formidable and very unapproachable and has not answered any of the above questions that I have asked her, while sending back numerous emails with other information about the case and yet avoiding answering any of the above questions... all at a cost to me of over £80 a letter each time!!!
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  • #2
    Re: Failure to comply with Form E and FDR hearings

    Originally posted by confusedex View Post
    Hi, I wonder if anyone can give me advise on the following as my solicitor is being very unhelpful with my questions and I am getting extremely frustrated.

    I am getting very concerned over all of this as I have instructed a prominent London Law Firm and the costs are just running away ridiculously, and my Female solicitor is very formidable and very unapproachable and has not answered any of the above questions that I have asked her, while sending back numerous emails with other information about the case and yet avoiding answering any of the above questions... all at a cost to me of over £80 a letter each time!!!
    This sounds horribly familiar. In my experience it is worth expressing your concerns and if you're uneasy consider changing solicitors, especially at this early stage, if you don't trust the one you have. I don't know what happens if your ex doesn't supply the Form E in time but your solicitor certainly should be able to explain all this to you in a friendly, succinct and approachable manner. If you are using a more junior solicitor (much cheaper hourly rate) then they should be supervised fully by a senior and you can ask to speak to the supervising solicitor at any time.


    http://www.lawsociety.org.uk/find-a-solicitor/ and also http://www.resolution.org.uk/findamember/

    might be helpful. Big London law firms do tend to charge much more and sometimes that represents value for money - sometime not! You should have a copy of their full terms and conditions and how they intend to charge you and they should keep you fully informed of all their charges at regular intervals.

    I'm sorry not to be of more help and hope that someone more knowledgeable will be along shortly.

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