I have read so many posts in the last few days on questionnaires, form E
s, and lies.
So I thought I would write this post to clarify something..
When you receive Form E and you fill it out and simultaneously exchange them, when you receive the other parties Form E, most of you will be shocked to learn that most of what the other party says will probably be lies.
So the next stage will be to rant and rave, feel depressed and sometimes sick because you feel hurt, shocked and scared that you are about to be shafted.
So when you have had a chance to calm down, your next step will be to write a questionaire based on the information you have read in Form E.
You then go to a court hearing, could be a directions hearing, could be the FDR, where the judge will read through the questions and will tell you what questions you have to answer or what questions they have to answer. He/she will ask the relevance of your question and you have to be ready with an answer.
Example…………….My husbands former wife wrote on her form E that she had a joint debt with her partner of 20k, she said her responsibility was half that debt. My husband asked in a question, which bank account was her “half” being paid from. As the bank account she had declared did not show any of the monthly payments, he also asked for the loan documentation she was declaring! Because he wanted to prove a financial association between her and her partner. The Judge asked her the question, where are the payments coming from? She replied “ out of her partners bank account, its his loan? So the Judge said “ You cant say one minute you are responsible for half the loan, then say its your partners? Is it your debt or is it his debt? She replied its his debt! So The Judge said well you cant have that as a debt on your form E! My husband said can I have the loan details? The Judge said yes.
Another question was her outgoings showed she paid more than she earned, so my husband asked the question how can you pay more out than you have coming in. The Judge allowed the question. Anyway cut a long story short, all the questions my husband asked the Judge ruled she was to answer them all.
So a couple of weeks go by and we get the answers to the questions!
One question as I say above was.
1) How can you spend more than you have per month on utility bills, yet you declare your earnings to be a lot less and you are not in any debt and have a healthy bank balance?
Her Reply?…………..Our client budgets accordingly! (Did my husband feel frustrated?????? OMG of course he did, he wrote back and told them they havent answered, they reply yes we have! Who made any money out of that? The solicitor did of course in a letter that just stated yes we have!)
2) You say you have only one bank account yet your declared bank account clearly shows you are paying money into another account, please explain why you have not declared that bank account?
Her Reply?…………Our client “forgot” to mention this bank account as she opened it for her brother, so therefore she didn’t feel the need to declare it!
All these questions and answers are actually totally irrelevant until the FH and you put the other person on the stand and cross examine them.
You get worked up about the blatant lies, mis-information and lack of respect in the answers you will receive. It causes total frustration and you can feel like hitting a brick wall, you want to rant and rave and ring them to say you lying s**t!!!!!!
But honest its not worth it, all you need to do is collect your evidence to counteract these lies, you can ask a judge at another hearing to go through the questions and say they haven’t answered them in full, and could he order them too, but really none of it is worth it. No one reads these questions, no one is interested in these questions and answers. No one is interested in who has told lies and who hasn’t.
Until that is the FH, then you can have your say.
If you settled at any time before that hearing , these lies will never become knowledge to anyone.
At my husbands final hearing, the Judge worked through so much of the information, she was only interested in any assets and how she was going to split them. She then sort of led them to understand from the evidence in front of her, if she had to make an order then it would be along these lines. At no time did she say what it was going to be, but you knew from what she had in front of her how it was roughly going to go. Also at this particular time, no questions were asked of any of the Form E or questionnaire.
She then gave them time to go out of court and thrash around offers, his former wife accepted an offer after half an hour of haggling.
That was it job done. Consent Order
and no need at any time to cross examine or bring up the question of any lies. That would of come later in the day had she not accepted an offer.
So my advice to you all is try not to worry, don’t allow any of it to wind you up, be calm and collected and collect any evidence you can to counteract the lies and try to reach a settlement before half your money has gone up the swanny in legal fees.
I hope the above clarifies certain things for people, if anyone has any questions please feel free to ask them of me and I will try and help you.