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Exchange of Form E

  • wikiliki
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18 Dec 17 #498156 by wikiliki
Topic started by wikiliki
The Direction from the court was that form E must be filed and served by the 19th of December.
I am stressing myself out trying to get all this information , my printer has broke , I haven't received my new pension figures and I don't know really what I am doing. I keep telling my self that I am on the final leg and I will soon be free of all this.

I informed the STBX solicitor on the 13th that I would go to his office 3.30 on the 19th to exchange form E.

He has just Emailed me to say he has his Clients Draft form E and he will be working on it over the next week to get to the final version and he suggest that I file mine with the court and we exchange at a later date. This is all very well but by the end of the week it will be Christmas and I would think that he will then go on holiday until new Year. Then everything else has got to be filed by the 9th.
This gives us very little time to prepare . I find all this pressure to much to handle right now.

Do I still need to send him my copy without me seeing his. I think that it is little unfair to say the least. Although I am not surprised to That his has been completed. I am just so worried that they will say that he let me know that it isn't available but I did not send mine. I just wanted to follow all the directions correctly.
Is there anything that I can do to make the courts aware of this.

Thank you reading my post, as I know it is a bit of a rant, but any help as to what I should do or how I should reply to the solicitor would be helpful.



Wikiliki

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18 Dec 17 #498159 by rachelmiller
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It's really up to you. When there are solicitors on both sides and only one party is ready by the due date, sometimes they file and serve anyway, other times, they wait until the other party is ready too. If you decide to wait to exchange, I'd suggest you file the original at court on time.

If you haven't got the pension figures, just file a copy of your letter requesting these with the form E. It's not at all unusual for pension figures not be available by the date for filing Form E

You can begin to prepare the chronology in readiness for the First Appointment but you will need to see your ex's form E before you can prepare a questionnaire or statement of issues. You can tell the judge at the FA that your ex was late in providing Form E

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18 Dec 17 #498166 by crimsonlake
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I really feel for you as I was in exactly the same situation last year and it is so stressful.Typical the printer breaks just when you need it so much.
I would advise not handing your form E to the ex's solicitor until they confirm a date for exchange with you. Do not let them pressurise you, you will find that they might not meet the deadlines to file papers to court even though you do and there will be no comeback for them.
Have you filled in Form G I think you can add in their that you cannot proceed as they did not exchange form E's in good time to allow you to prepare your questionnaire.Or simply write a letter to the court and send via email stating this if it makes you feel more in control.Send a copy of this to your ex's solicitor also.
Good luck, you can do this.

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18 Dec 17 #498169 by wikiliki
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Thank you all for you comments. Crimson lake It states in That the form G does not have to be in court until the 9th of January , should I sent it back to the court with my form E?

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18 Dec 17 #498170 by crimsonlake
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I would send it now, although I do not expect it will make any difference if you file it with form E.Do not worry about not having the CETV of your pension, just state you are awaiting it.

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18 Dec 17 #498171 by Jo1234
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I wouldn't stress too much I know it's easier said than done. I filed and everything by the book, my ex failed to submit on time and despite direction from the court has still not done what was asked.

Nothing has been done no consequence for not doing it. The whole court process is a joke and appears to be designed to cause as much stress as possible.

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19 Dec 17 #498192 by rachelmiller
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Platinum Boarder, I wouldn't advise completing Form G just yet. Until you receive your wife's form E, you have no way of knowing whether you'll be willing to accept the contents at face value and/or whether she will have provided all the info that she is required to provide. It's only if you have both provided all relevant info beforehand that you can use the FA as a FDR.

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