The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Form E - very complicated

  • spinit
  • spinit's Avatar
  • Platinum Member
  • Platinum Member
More
18 Sep 19 #509709 by spinit
Reply from spinit
"I am unsure on how this is view legally as all her outgoings are not essential"

It's just a negotiating position that's how this system works. She says she needs X and couldn't possibly live without that then she "begrudgingly" backs down from this position and takes X - Y and you feel like you have a victory because you got her down from X when in reality she's happy because she only really needs X - 2Y. You get the point it's haggling that's how this process works.

She has an "earning capacity" that she will be expected to use so even if she takes a job of lower value now her capacity is her old jobs income and that will be used as the basis of any calculations unless there is some medical reason not to which is why she's basically saying she's depressed or something and so can't work at that level to try state her new earning capacity is lower then get some maintenance arrangement in place and then go back to her old job earning more.

"Surely lying on the form E is not allowed?" - This is the family court, not a criminal court, everyone lies. There is perjury but it's not really used as in you would have to do something really major and misstating your cat and dog insurance from £12 when it's really £30 isn't going to do it.

In my own case, my ex didn't provide her bank details until the final hearing when I was representing myself I said I'm not going to continue with this case unless she does before then at every hearing she had been told to. Nothing happened to her.

Your ex-wife could ask a judge to "join" your new partner to the case making her a party to the case and then he could order her to provide whatever they like or to attend court to be cross-examined etc. It's *very* unlikely this would happen in this situation and is more for when say you had a business partner that your ex-wife thought was helping you hide funds or something like that. So until or unless your new partner is joined to the case she is a 3rd party to this case and can just refuse to provide requested information or to attend court if requested by your ex-wife and I would suggest she doesn't provide anything. The way they will try to "join" her by proxy is by taking what she has voluntarily provided, which in my view was a mistake and add that onto your available income. As in your ex-wife is playing this game nicely and has suppressed her income and by getting your new partner to provide her income details has increased your own income that would be disposable to support her.

As in there are men in England who earn a decent income who basically have to live off their new partner's income because the court has joined their income to their new partner's income and said that in effect the man's income is available to pay their ex-wife.

As you have already given up the most important information they would need as I said before I very much doubt they will need to involve your new partner again.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.