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Confused - again. It happens frequently.

  • Puzzled01
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19 Dec 07 #9289 by Puzzled01
Topic started by Puzzled01
I'm a bit confused today (no change there - seems to be my normal state of mind at present).

My Decree Nisi was pronounced yesterday morning, and I have all my paperwork in for my form E but the stbx has done nothing about his side of things. His sol hasn't said how he is doing with it and my sol gave me the impression that we can't sort out the offer of settlement until he has done his form E.

However when I spoke to my sol this morning she said that she would proceed without his form E. Does it work like that??????

I just want to get this awful business over and done with so I would like to get on with it. If we have to wait for his form E, I could be waiting for months and months and months!

I'd be grateful if anyone has any advice.
Thanks.

  • attilladahun
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20 Dec 07 #9296 by attilladahun
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1st need to know has an application been made formally for financial claims-"Ancilary Relief"?

If so th date for exchange of Forms E will be in Form C issued by the Court

If H is late with his it is litigation conduct and he may be ordered to pay some costs.

If no app has been made and you are trying to voluntarily exchange forms E and thus in the Pre Action Financial Protocol period -he may continue to drag his heels.

Solr can't really make an offer till he discloses his form E

Why cos he needs to properly disclose his assets.

If you amke an offer and he accepts you may be in a position where the Court orders the agreement is fair and should be made...

However if you later find out H had other assets it will then be harder to go back to Court and say I was misled when you never had any real disclosure in the first place.

Problem easily solved

Get Solr to write to O/Side and give them 2 weeks to serve form E sworn

If not you will file Form A and claim in the proceedings "litigation conduct" of the H and there is a risk (slight) that H may have to pay costs in the future for his abject failure to comply with the pre action protocol.

At least if Form A is issued the 1st Appointment will be listed in say 16 weeks time and the FDR about 6-8 weeks thereafter. Most cases settle at or before the FDR.

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20 Dec 07 #9297 by attilladahun
Reply from attilladahun
1st need to know has an application been made formally for financial claims-"Ancilary Relief"?

If so th date for exchange of Forms E will be in Form C issued by the Court

If H is late with his it is litigation conduct and he may be ordered to pay some costs.

If no app has been made and you are trying to voluntarily exchange forms E and thus in the Pre Action Financial Protocol period -he may continue to drag his heels.

Solr can't really make an offer till he discloses his form E

Why cos he needs to properly disclose his assets.

If you amke an offer and he accepts you may be in a position where the Court orders the agreement is fair and should be made...

However if you later find out H had other assets it will then be harder to go back to Court and say I was misled when you never had any real disclosure in the first place.

Problem easily solved

Get Solr to write to O/Side and give them 2 weeks to serve form E sworn

If not you will file Form A and claim in the proceedings "litigation conduct" of the H and there is a risk (slight) that H may have to pay costs in the future for his abject failure to comply with the pre action protocol.

At least if Form A is issued the 1st Appointment will be listed in say 16 weeks time and the FDR about 6-8 weeks thereafter. Most cases settle at or before the FDR.

  • loobyloo
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20 Dec 07 #9304 by loobyloo
Reply from loobyloo
Puzzle
I attended 1st appt and he had not done form E .... costs awarded against him no consolation i know just delay but least he will pay twice
looby

  • Puzzled01
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22 Dec 07 #9428 by Puzzled01
Reply from Puzzled01
Thanks for the help - I had no idea it worked like that. I feel better about it now as I was so worried that he could just string this one out for ages.

I guess he is doing what he did when he left me, and just pretending nothing has happened...

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