[Pat Edwards]

Circumstances are that I have gone for a legal separation from my husband through my solicitor who sent all the relevant papers to him. He firstly submitted a false "Welfare of Means" report, which I challenged and he then ignored all other pleas to make settlement. My solicitor has by now lodged a "Motion in Default". What does this mean and what are the consequences if he tries to or does ignore this? Thanks a mil.

[cadillac59]

Most of the contributors on this board are in the US although we attract participants from all over the world. I assume you are in the UK so finding someone qualified to give a specific and detailed answer to your question here might difficult. I'm happy to offer my opinion but, as a family law attorney in California, I can only give you a general idea of what is going on.

First of all I have no idea what a "Welfare of Means" report is. Perhaps you might elaborate-- it sounds interesting.

But as to a motion for default, that should be fairly easy to answer. When a respondent (adverse party) to a lawsuit (even a marital dissolution or legal separation) fails to respond by filing a written response to the action in court or otherwise appearing, which must be done within a limited time, the petitioning party requests the court enter a default (or moves for entry of a default), which effectively precludes the respondent from participating in the case. The door is shut on that party so to speak. The case then proceeds to a final judgment without that party's participation--the court makes orders in accordance with the applicable law based upon the evidence provided by the petitioning party only.

That's about all there is to it. As always, check with a qualified local attorney for specifics.

[Pat Edwards]

Most of the contributors on this board are in the US although we attract participants from all over the world. I assume you are in the UK so finding someone qualified to give a specific and detailed answer to your question here might difficult. I'm happy to offer my opinion but, as a family law attorney in California, I can only give you a general idea of what is going on.

First of all I have no idea what a "Welfare of Means" report is. Perhaps you might elaborate-- it sounds interesting.

But as to a motion for default, that should be fairly easy to answer. When a respondent (adverse party) to a lawsuit (even a marital dissolution or legal separation) fails to respond by filing a written response to the action in court or otherwise appearing, which must be done within a limited time period, the petitioning party requests the court enter a default (or moves for entry of a default), which effectively precludes the respondent from participating in the case. The door is shut on that party so to speak. The case then proceeds to a final judgment without that party's participation--the court makes orders in accordance with the applicable law based upon the evidence provided by the petitioning party only.

That's about all there is to it. As always, check with a qualified local attorney for specifics.

Thanks a million. I'm in Republic of Ireland. "Wefare of Means" or "Statement of Means" as it is also known is an accurate and up to date account of the monies and possessions built up/Possessed and incoming by either party and is required by the courts here from both parties involved in seperation/divorce. Once again - Thanks a mil' - Pat

[cadillac59]

Thanks a million. I'm in Republic of Ireland. "Wefare of Means" or "Statement of Means" as it is also known is an accurate and up to date account of the monies and possessions built up/Possessed and incoming by either party and is required by the courts here from both parties involved in seperation/divorce. Once again - Thanks a mil' - Pat

Glad I could help. We have the same thing in California but we call it a Preliminary Declaration of Disclosure. Also required as part of a divorce or legal separation.

Once you get beyond the nomenclature the law is often not all that much different from one place to another (in the Western world that is).