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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Exchanging form e

  • NoWhereToTurnl
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13 Jun 12 #336407 by NoWhereToTurnl
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Like all of us on this post, I am at my wits end!
My exh and I should have exchanged form E on 24th May and I have still not received his, nor is his solicitor communicating with my legal team. Each day that goes by makes me more anxious, I am unable to eat or sleep. He stopped paying SM 4 months ago and with rapidly dwindling savings, I will only be able to keep paying my mortgage for a few months.

I know this is a plan made by he and OW to force me to default, leading to repossession. OW has told me "we will destroy you"!

I find it difficult to comprehend how they continue to flout court orders and get away with it. He lied through-out the divorce and is going to do so again and there is nothing I can do about it.

Try to stay strong folks, at least we know we are not alone in this dreadful situation. Big hugs to you. xx

  • buzyizzy
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21 Jun 12 #338015 by buzyizzy
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I have received a letter from Court today that STBX has not filed his form E with them either. Can I ask them to postpone First Appointment date to give me time to complete questionnaire in case I receive it very late, or can I have date deferred at last minute?

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21 Jun 12 #338097 by NoWhereToTurnl
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Hi buzyizziy,

We are in the same boat here and It has caused me great anxiety so I will tell you the advice I have received. I am now calmer.

Less than a week to go, no form E from ex, mine like yours was filed into court at the correct time.

So, go to court, you could prepare your letter now and send it to court or wait a bit longer (about a week before your hearing date) Explain to court that you have not received your stbx''s form E and feel that his behaviour has put you under pressure and disadvantaged you as you have not had the opportunity to compile your questionnaire or receive the replies and you ask the court for guidance in the matter.
Judges take a poor view of persons not complying with the timetable set out by court and if for any reason he fails to send his form E or it is incomplete, the DJ will order him to do it.
If he continues in this way, you could possibly ask for a costs order against him.

Take care :)x

  • dukey
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21 Jun 12 #338098 by dukey
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If form E is not exchanged the FDA will probably be adjourned and usually the judge will attach a penal notice making the person file and serve, with the threat of prison to boot.

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21 Jun 12 #338114 by buzyizzy
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How late should I leave it before telling court that I still haven''t received it? How late can he be before he will get a penal notice? I''ve already been awarded costs for the actual divorce process but have paid for all the letters my previous sol sent to try to get him to send his form E.

  • WhiteRose
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21 Jun 12 #338130 by WhiteRose
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Hi Buzyizzy,

Just wanted to clarify that the costs awarded for the Divorce (the severing/ending of the marriage bit) is different to the costs involved with sorting out childcare and finances.

Usually for the childcare and finance arrangements, each party pay their own costs.

You definitely have costs for this awarded against him?

WR

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21 Jun 12 #338133 by buzyizzy
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For the actual divorce bit, yes. I know I''ve to pay for the rest, which is why I stopped using a sol, couldn''t afford £200 a month.

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