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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.


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Form E Questions

  • Hereshopin
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30 Mar 12 #320923 by Hereshopin
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My stbx and I have exchanged form E''s and I have a number of issues with what she has provided.

Firstly, she has provided a pension CETV which is 2 years old and pensions are likely to be a major stumbling block. She is talking about getting an actuaries report but wouldn''t they want an up to date CETV as a starting point?

Also, she has provided a mortgage statement which is over a year old and shows thousands more owing on the house than is currently the case. Her justification for this is that I haven''t paid the mortgage since I left. Fact is, I was tricked into ''temporarily'' moving to rented. She is the higher earner and she knew form day one I couldn''t afford the mortgage aswell. And she has never asked me to for this reason. She doesn''t pay half my rent either! How do I deal with this? I''m thinking in the questionnaire or the statement of issues?

Also, she has not included child maintenance in her income which makes the already large difference in incomes even bigger. I''ve looked at the form and it doesn''t specifically ask for CM in any of the sections. Is this deliberate? There is a section for ''any other income'' so maybe it should be included there?

Finally, a jointly saved ISA account which contained several thousand that she emptied after separation has not been declared.

I''m self representing and can see that I''m up against it a bit. It seems like my stbx and her solicitor are not playing by the rules. Surely the court sets a timetable so you can get your figures sorted and not rock up with figures 1 and 2 years out of date. Anybody been through this and can offer me some advice please?

Thanks

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30 Mar 12 #320929 by dukey
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This is quite a common problem, along with a date for the FDA you should also have a date to exchange questionnaires, this is when you write back and use the form E box numbers to ask questions, so question everything your not happy with, so all then out of date stuff, claimed income ect.

If the replies are poor or untrue then raise each point at the FDA, the judge will then order what of your questions must be answered in full, or specific valuations statements.

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30 Mar 12 #320937 by Hereshopin
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OK thanks Dukey. So I raise all of my issues as questions.

What is the respondent''s current CETV?
What is the current amount owing on the mortgage?
What happened to the savings?

That kind of thing? Only got a week to get the questionnaire etc in thanks to their late exchange of form E. Much appreciated.

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30 Mar 12 #320941 by dukey
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That''s the idea yes, nice plain English, it helps if you use the form E box numbers also, so start the pension question with the CETV box number, and double space each question so its nice and easy to read.

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30 Mar 12 #320946 by Hereshopin
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OK thanks I''ll get on with that. Am I right in thinking that I should keep the statement of issues very general otherwise it will get quite lengthy. The main issues are house, pension, savings and the crux of the matter is how they are divided. Should I be making any reference to the issues I have with her form E here or just deal with that in the questionnaire? I''ve read some of the sample ones on this site and they seem very concise. Need to try and keep mine that way!

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30 Mar 12 #320958 by dukey
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It''s a bit late and I''m on holiday, if you send a pm I''ll talk you through the Statment of apparent issues, there is a right and a wrong way to make your point.

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