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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.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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Having exchanged Form E - what next?

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30 May 12 #334151 by confused 101
Topic started by confused 101
I posted my form E yesterday and received his from his solicitor today ...

His doesn''t mention one of his pensions, nor does it include any bank statements for the year or credit card statements (He is declaring a debt so there should be some) There is a small printed slip covering a few days this month showing him taking out cash each day making the bank account zero ... there is another account which he received some interest on but it doesn''t say how much is in the account - except he has written on it £1,000 but it got £4.00 interest which at these low rates seems quite good!!!

His solicitor has added up his current and proposed expenditure incorrectly!

Sooo what next? Do I leave it a week and then ask where the bank statements are? Ask now for the other pension?a nd about the other account?

any one able to guide me post exchange of form E''s ... court date beginning of July.

Thanks

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31 May 12 #334282 by Hamilton1
Reply from Hamilton1
Hi there,

You should draft a questionnaire of all missing information. They will also draft one prior to the FDR. You will want to ask for all missing supporting documentation, details of all assets, savings, pensions that you know of that have not been declared. You will also want to say that you will have further questions once you have received all of his suporting documents. At that stage you should go through each and every entry on his bank statements and raise further questions. For example, are there monthly payments to policies that he has not declared?, Have large sums of money been transferred to other accounts that have not been declared, if there are cash withdrawals - where has that money been spent? etc.

If you feel that he is deliberately diminishing his assets in an attempt to ensure that there is nothing left you may consider making an application to the court for this assets to be frozen?

H

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31 May 12 #334400 by confused 101
Reply from confused 101
Thanks very much for your help.

I have a few follow up questions.

1.Should I wait a short while to see if these bank/credit card statements appear?

2. Do I copy the court in to my letters asking questions?

3. When my own Pension bit arrives is it okay simply to send it with a covering letter to the court/his solicitors to add to my file. Do I enclose a new copy of the relevent form E page(s) updated?

Thanks again

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01 Jun 12 #334462 by Hamilton1
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1. Unless they have stated that they are going to update the form E I would go ahead and draft a few questions or at least write to them and say that you are not able to propoerly ascertain his financial position as they have not provided full and frank discloscure and you will now require all of the information and supporting documentation referred to in the Form E, and if this is not forthcoming you will bring this to the Judges attention at the next hearing and will consider him to be a non- disclosing husband.

2. the QUestionnaire - yes. The initial letter asking for full disclosure - no.

3. Yes that is fine - they will update their figures (I hope!!)

Good luck!

H

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01 Jun 12 #334568 by confused 101
Reply from confused 101
Thanks Very much - I''ll do as suggested.

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