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What happens after Form E exchanged - can anyone help?

  • Frustrated father2020
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09 Dec 20 #515053 by Frustrated father2020
Topic started by Frustrated father2020
Hi all. New here

I’ve been separated 4 years and paid everything I have into my STBX wife’s house hold . I’m still on the mortgage and paid the mortgage some bill and child maintenance since we split in 2016.

I am finally going through court to get proper access to my boys and stop getting further in to debt to pay over the odds

We exchanged form E today but I have the following issues.

- she hasn’t declared the child maintenance I pay

- she hasn’t provided pension details

- she hasn’t declared all accounts held in 12 months

- bank statement are illegible

- benefits breakdown is illegible

- she claims to have put more in when we bought the house, but fails to acknowledge I paid the mortgage for years when she stopped working

- property valuation is is over 9 months old

- she has refused to allow an agent to value the property on my behalf despite the fact I own the house and pay the mortgage too.

- she provided and old mortgage statement which shows the mortgage as being 8k more than it is , with a higher redemption figure.

How do I address all this?

All I actually want is for the house and all equity to be transferred to her , and for me not to pay mortgage. If she can’t afford it then house to be sold and she gets all equity after fees ( over 120k). I’m taking all the debt and just want to finalise divorce , have my pension when I retire in 20 years and move on with my kids .

Any advice greatly appreciated

  • hadenoughnow
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10 Dec 20 #515058 by hadenoughnow
Reply from hadenoughnow
Are you in the court process for the finances as well as child matters?

If you are in the court process the Notice of first appointment will have set a timetable. The next step would be questionnaire, chronology and statement of issues.

If voluntary you can still raise questions about missing disclosure. If disclosure is not forthcoming an application to court may be needed. You can still settle at any time.

If you need help, have a look at the services we offer for Litigants in Person.

Hadenoughnow

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10 Dec 20 #515062 by Frustrated father2020
Reply from Frustrated father2020
Hi, thanks for taking the time to respond.

I’m in court and have been told I need to complete a statement of issues , questionnaire and chronology.

Not sure if this is all one document or three separate documents . Nor do I know if there are specific forms to place them on

  • hadenoughnow
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11 Dec 20 #515070 by hadenoughnow
Reply from hadenoughnow
They are 3 separate documents. Each needs a header with court name, case number, the names of the parties and designation ie applicant and respondent.

Look in the library here or search posts for more information about how to complete them.

In short the chronology is a simple list of key dates so dates of birth of parties and any children, start of cohabitation, marriage, separation, divorce petition etc. It may include things like property purchases, receipt of inheritance etc.

Questionnaires are aimed at clarification of the information provided in form E and requests for missing documents etc.

Statement of issues is a simple list of the (financial) points at issue. May be e.g house values, incomes and earning capacity, pension sharing and whether or not an expert report is needed and if a Clean Break is appropriate.

Hadenoughnow

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