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1. If the other party fails to submit the Financial Statement (Form E), what should the party do?

If one party does not file his / her Form E, the party ready to file can file his / her Form E in a sealed envelope at the court to demonstrate that the timeline for filing the Form E has been adhered to.

 

You could ask the court to make an order for him/her to file the Form E by a certain date. If he/she still fails to file the Form E before the deadline, he/ she could be found in contempt of court. You can then make an application to the court that the other side has ignored or failed to comply with a court order. A person found in contempt of court may be committed, that is, imprisoned for a period of time. The court also has the power to refuse to hear submissions from a party in contempt of court until they have purged their contempt, known as a “Hadkinson order”.