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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.


Form E exchange

  • letty
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23 Jul 12 #344758 by letty
Topic started by letty
Hi

I am self representing and a little unsure what to do next.

By order of the court we was to file and exhange our form E by 12 July. I have filed mine at court but when I ask stbx if he is ready to exhange he keeps giving me the run around.

First his solicitors are dealing, then he is going to be dealing with it himself, then he doesnt want to go through with the divorce and wants us to try again (i did consider this but found out he had seen 5 other woman in the space of 15 months) then its back to being with the solicitor.

His Solicitors, who are not on the court record are saying that he is dealing with it.

So I contacted him again and he said that he is seeing his solicitor this week.

Could anyone tell me if despite me not receiving his Form E should I send him mine? im not too happy about giving him mine before hand but want to do the right thing.

Also all other documents chronology, statement of issues etc need to be filed and exhanged by 2 August - without his form e i cant see how I am going to be able to comply with the court order apart from the chronology

anyone got any advise ?

  • dukey
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23 Jul 12 #344762 by dukey
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It should always be the case that you do as the court order, if he refuses then thats between him and the judge, send yours by the date the court order.

You can raise a questionnaire without his form E, the statement of issues maybe deficient without his form E, as such you will be given more time, he on the other hand will face the judge and probably end up with a penal notice.

He is not represented unless court have the solicitor listed and the solicitor says they represent him.

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23 Jul 12 #344765 by letty
Reply from letty
Thank you

As much as I dont want to send my form e before I recieve his - I will do as you advise and send mine to him today as it is already a week late.

if he does not submit his form e will the hearing on the 16 August still go ahead ?

as I made an application for maintenence pending suite and the court listed this first hearing. I am really struggling to make ends meet.

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23 Jul 12 #344773 by dukey
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The hearing may or may not be adjourned, if the judge thinks he is not filing to defend the MPS the judge may well order it anyway pending disclosure.

Take some easy to read lists of your income and expenditure, one page for each then you can show the judge this is what i need each month until we have an agreement or a court order.

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