Like the way this thread moves between Home DIY and Divorce DIY
Looking for some guidance as to how to proceed with my divorce.
Been seperated for over a year and have agreed to divorce ppetitioned under UB by my S2BX.
Financials have been declared on the Form E
and exchanged. However! Her form was littered with mistakes. massive mistakes. To the extent that our mortgage liability held in one of those One Account type bank accounts was shown as a positive in her assetts! Plus property values have been manipulated using a friend of hers who is an estate agent... She also included a property i share ownershipwith my mother in her assetts?? I digress into a rant!!
Anyway, i have told my sol not to waste his time and my money going over it. I have sent her personally a detailed list of errors and mistakes on her form. I am awaiting her reply.... 5 weeks now!
I fear her lack of financial understanding and obvious willingness to manipulate figures will cause a long drawn out affair which i dont need or want. I want us to agree a way forward and be able to tell the solicitors
what we want and what to do.
Need advice on how to best do it? Do we need to attend mediation? Is that a voluntary process? My sol is great advising me constantly to communicate with my wife rather than going through him etc. Hers is bloddy useless to the extent she submitted the e form with so many errors.
Next steps advice please. From those who have been there... understand the situation.
Is getting a
consent order a possibility? Can you agree on the split given that she now does not seem keen on providing full financial disclosure. Is it worth having another discussion? Where you do agree on the split and go through a simplified process.
When disclosure is voluntary
Form E isn''t completed in as much detail as it would be if it was required for court proceedings. Solicitors just need a rough idea to be able to advise and often a judgement has to made as to what more informations can be ascertained, over what period of time, at what cost and at what benefit to an improved settlement.
If you can agree the value of assets between you you don''t need to be accurate to the £ as there is a simplified disclosure (Form D81) that is submitted to the courts along with the consent order
to be sealed.
Ok... Loosing me a bit already.
Form e was a voluntary one I think. Her sol asked mine if we could exchange and we did via them. I took ages to do mine and she threatened court action if she didn''t get it soon??
Hers was a Swiss cheese with so many holes in it.
Consent order? Don''t know what that is but will look it up.
I want to agree 50/50 and be do be but she has no assets to speak of and I have some inferitsnce including a large property. She wants half of that obv. She will do very well out of me and my family. So... Her earning potential I''d very good and she has a good pension. I may look to try and regain something from that? But it''s only revenge....
I took into the solicitor appointment roughly what we both had in assets and liabilities. She gave me a very rough indicator of what to expect. I checked it out with some of the wise wikis so I got a second opinion and the legal advice
I got was confirmed as about right.
So I had an idea of what I should be settling for before I got into negotiations which helped me get to an agreement with my ex. It took some time, but once we had agreed things, my sol just wrote it all up in a consent order
. But I took the costs of litigation into account when negotiating the settlement and I avoided lining the solicitor pockets more than absolutely necessary.
The d81 financial form took me about an hour to complete. Form E
never came into it as we had reached a verbal agreement. I has to sign a disclaimer with the solicitor about not getting full financial disclosure but it was low risk for me anyway, because I knew precisely what we had and where it was. Then the consent order
and d81 went to the court and got sealed so its all above board, no hearings, all gets done in your absence usually, no complicated forms.
This is not suitable for everyone, that I know. I also know that despite my ex''s stalling and erratic behaviour throughout the divorce, that I had a comparatively straightforward settlement process (even this took over two years to sort without it going to any hearing!) It''s worth asking your solicitor about what deal you should be doing if you can get it sorted voluntarily. If your ex has screwed up her form and is struggling with the process, now might be a good time to explore alternatives. But your solicitor should discuss all the alternatives with you including the consent order route.