Hi All.my sol passed my E.form over to the opposition, yet they failed to present one ie; theirs was not sworn in, I am now being asked questions, by them, where do I stand? do I have to answer. taking into account that they never gave a valid e.form...
Don’t worry about this too much. You should not reply to any questions on your form until you have a sworn copy in your partners form in your possession. Simply instruct your sol to chase the form E and ignore questions on yours.
You should have a gut feel on what the joint assets are anyhow so go ahead and negotiate but make no reference to the form E contents. You can still make offers based on what YOU believe you are entitled to (regardless of what is in the FROM E) as these will be without prejudice and will not have any impact down the line if you go to court.
H, An ancilery order was served on me back in June,with a court date on the 2nd,Oct, I swore my Eform as asked etc, they sent thiers by fax,on the 1st Oct,my sol, exchanged not realising that theirs was not sworn in, and as said by the judge was worthless, they have not met any dates set out by the judge, and are now asking me questions, and yet have not submitted a eform them selfs,or complied with anything the judge asked for.
They are in contempt of Court and the Court will likely condemn the other side in costs. Your solr will seek a penal notice be attached to the order. What will happen is the order will say give o/s say 14 days to swear and file the same in Court and in that 14 day window your solr will have the order personally served on o/s....if 15 days after service o/s not sworn and filed form E you could seek an order for the o/s's committal to prison!!!
Technically, both parties and their solrs, are under a duty to the Court to give reasonable disclosure of their finances....the overriding objective as set out in s 1 of CPR refers.
If you want to put yourself in the Court's good books.....prepare replies to the relevant questions raised and file replies but do not serve the replies on the o/s. Solr should then tell the o/s the Q have been answered but the replies will NOT be disclosed until they comply will the Court's order.