I have submitted a financial settlement proposal to my ex with Form D81 filled out and her solicitors are are asking to exchange Form E. They claim they need Form E to fully consider the proposal.
I am resisting on the basis it is not required to reach a financial agreement via consent order or for her to provide a substantive response to the proposal. I know her finances and we separated 2 years ago. I have also accumulated savings through pay increases, bonuses etc. after separation, my offer is quite reasonable, even generous, based on the advice from my lawyer.
If she refuses to proceed on the basis of D81, I plan to convert my proposal into an open offer and proceed to mediation, then court if mediation fails. During court processes stage Form E would be required. I also plan to tell her that of I don't get a proper response to the open offer and we go to court I will ask for judgement that the additional costs incurred be to her account.
I don't really want to waste time going through Form E outside the court process with no deadlines/time pressure for resolution ongoing in parallel.
My question is if I have to submit form E, either voluntarily or as part of the court process, is it based on the financial situation now or 2 years ago at the date we separated?
What do you think of this approach?
Thanks for any feedback.
Last edit: 2 months 2 weeks ago by Vigorate. Reason: adjustment
It is the financial position now that is considered. Everything goes into the pot. You may be able to argue some of it out on the basis it was accrued prior to marriage or post separation. In the end though financial settlement is based on needs first.
A D81 is not the same as full financial disclosure which is what is required for negotiation. It is simply a snapshot of the financial situation to help the judge see if the terms of a consent order are true. You need to give figures and provide evidence in support as does she. Voluntary exchange of form e is a good way to do this. Similar levels of disclosure are needed for mediation.
I agree that is is daft to spend months and £££s on fruitless negotiations. My suggestion would be to engage but set strict deadlines and if they are not met consider an application to court so you are in the court timetable. You can still settle at any time.
The deadline for ex to respond to my proposal is at the end of this month; my thoughts are that if a substantive response is not received, I might as well initiate mediation and give some Form E disclosure as part of that process to avoid wasting time (kills 2 birds with one stone).
I think mediation is needed before making an application to the court anyway.