A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


E form

  • neerod
  • neerod's Avatar Posted by
  • Junior Member
  • Junior Member
More
02 Dec 07 #8261 by neerod
Topic started by neerod
Hi All, new on here, Am divorced,my ex,had a stroke, and now all his affairs have been taken over by,a very spitefull step-daughter who served,a Ancillary Order,am now waiting for a medical prognosis (on ex)Doe's any body know what happens if he is un-fit to put an E.Form forward, as,he's daughter has power of Attorney, and cannot, fill one in for him?

  • gone1
  • gone1's Avatar
  • Platinum Member
  • Platinum Member
More
03 Dec 07 #8298 by gone1
Reply from gone1
As his power of att she can file it on his bahalf. Soz. Chris

  • neerod
  • neerod's Avatar Posted by
  • Junior Member
  • Junior Member
More
03 Dec 07 #8346 by neerod
Reply from neerod
I'm sorry Chris, As he's att, she can not fill an E Form, or diclose anything about him, involving he's finances. this is stated in the Powers of an attorney, also this was said in court by the judge, at the first hearing,that she can not fill the E.Form in, that is why I have posted on here to see if anyone has been through the same.

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
03 Dec 07 #8357 by attilladahun
Reply from attilladahun
If he is under disability she could request the official Solicitor (OS) in London to represent his interests

If she issued form E you could seek a stay of the proceedings unless the OS is instructed within a specified period of time say 28 days....

If he has had a stroke tactically if he is potentially ill and may not survive long delaying the financial proceedings may be in your best interests -it depends on his medical prognosis.

If the home is in Joint Names as Joint Tenants has the Joint tenancy been severed.

Don't apply for the Decree Absolute....if H were to die you would be in a better position as a widow re pensions and possibly generally.

Sorry to sound mercenary but these are really vital considerations if a spouse is v ill and/or the prognosis not rosy long term medically.

May be daughter is stoking things up to get £ settled just in case H dies.

  • neerod
  • neerod's Avatar Posted by
  • Junior Member
  • Junior Member
More
03 Dec 07 #8360 by neerod
Reply from neerod
Hi ...once again as stated, we are divorced,but i have occupancy of the matrimonial home, which is in joint ownership.. has any one on here actually . been through the same as I am asking, thats all i am asking???please read my question before , giving a non-factual answer..

  • neerod
  • neerod's Avatar Posted by
  • Junior Member
  • Junior Member
More
03 Dec 07 #8363 by neerod
Reply from neerod
My solicitor has also told me that I am the only one who can fill in a E form for my ex. all am am asking is,,,,, has anyone been in this same situation

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
04 Dec 07 #8366 by attilladahun
Reply from attilladahun
Please read my question before , giving a non-factual answer-
Less of the attitude...only trying to help:(

My solicitor has also told me that I am the only one who can fill in a E form for my ex. -With respect what a load of rubbish how can you fill in a form E for your Ex!!!...Slight conflict of interest do you not think!!!!!!!!!!



If your spouse is under dissability the Pubic Trust Office (Court of Protection) has jurisdiction.

Daughter could apply to be parents Receiver but upon applicn you would claim there is a conflict hence the OS is a more likely option. I have had a case where Court of P was involved but H died before case concluded.

You say FMH in joint ownership but you DO NOT answer the Q'n

Joint Tenants -if spouse dies property passes to joint owner
Tenants in Common goes via spouses will -not to you as you are an ex spouse!!

A pretty important feature if you are occupying the ppty.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11