Form E = OH not communicating regarding exchange

What I might expect to happen next....

I have ended up having to get the court involved a OH won't communicate regarding financial settlement. Even the mediators can't get a response.

The court has given a date for the form E to be completed and exchanged.

I am currently working towards filling out the form and have sent text to the OH with a suggestion of a date to swop paper work.

We had been able to communicate via text for issues regarding the children but when I ask about a date to swop paperwork all correspondence has now stopped from OH.

What will happen next if I can't get the Form E exchanged??

Get it filed at court in the first instance and tell OH that is what you have done.

People seem to be precious over the simultaneous exchange of Forms E. As though showing your hand first will somehow change the other side's hand.

Personally, I think that if a person is going to misrepresent their finances, they will do so whether they see your Form E or not.

It is much better to have an effective first hearing than being completely abortive. If the other side fails to file Form E I would ask for a direction that all questions that you ask once Form E is filed should be answered (whereas the judge would normally decide at the first hearing which questions should be answered and which should be struck out).

Charles

Thank you Charles.
I was intending on filing my completed Form E with the court regardless. On your advice, I will message OH to advised when I do so.

With that in mind, if I don't hear form OH should I post a copy of my paperwork to him or just send it to the court??

I would like the court to order the removal of his name form the tenancy, anything after that would be a bonus.

I don't want this dragged out (which is where I worry it's going), I just want things to be sorted quickly so that I can move on with my life and feel free again.

It is up to you whether you send a copy to your spouse. You are unlikely to be criticised if you don't as the first hearing will have to be repeated in any event.

At the first hearing the judge may issue a penal notice to the direction for your spouse to file and serve his Form E. This is one step away from committal to prison if he doesn't comply.

Charles

Thank you Charles that is really helpful.

Fingers Crossed for this not to have to get that far.....: dry:

What should I expect at the second hearing??

I have received paperwork form OH. I had to ask lots of questions as it felt like lots of paperwork was missing.

OH has now employed a solicitor as OH has now got a limited company and is just opening a second pub.

All 'costs' go through business eg rent, electric, water, gas, food, car and car costs, fuel.

OH Then gets WTC because of low wage paid to self
(£10,000 - est)