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What are we each entitled to in our divorce settlement?

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Form E. URGENT QUERY !!!

  • dadlovesu
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26 Apr 18 #501083 by dadlovesu
Topic started by dadlovesu
I am the applicant in divorce. Applied for divorce on 21st March 2018. My wife's solicitors have not received any documents (acknowledgement) from the court however her solicitor is pushing me for exchange of form E.

I had even proposed reconciliation. My wife has further declined reconciliation as well as mediation. She intimated this decision via her solicitor only on 19th April. Prior to that her solicitor had already given 27th April (tomorrow) as deadline for exchanging form E and she has threatened to take me to court on failure to submit by 27th April.

My parents (in India) are away from home until 5th May which means I cant give details of my other property in India & my Chartered Accountant in UK will only be able to submit by returns for the last financial year by 3rd or 5th May.

Do you think the solicitor can pull me to the court for non-submission of form E when they have not received the petition yet from the court??????

Please Help. The deadline is tomorrow.



SO:

I have finally sent an email stating the following:

'Please be aware that I am willing to exchange form E but I have decided to appoint solicitors for Child & Financial Matters.

As such, they will be in contact with you accordingly.'

Lets hope for the best.

I am trying not to get bullied but my ex to be is trying to drain my finances. She earns 58k and I earn 26.5k I have a business & the profit posted is £500. Due to her strong financial sssituation she is flexing her muscles & trying to drain me of my money. The humilation was one of the grounds on which the petition was filed.

All i want at this moment is my daughter & bit of the money I had saved but now lost thanks to the whole divorce drama.

How easy do you all think it is for me to get equal custody of my daughter?

Do you think I am liable to some financial compensation as well?

I will be losing the current property as the lender wont transfer the share on my name due to my low earning capability. I will have to move to a rented accom which will prove more costly for me. She abandoned the matrimonial home since Feb 2018.

I was the one who brought her to this country after marriage & she later on also got the British Citizenship.We know each other for more than 20 years. I like the way she is trying to payback.

Thanks


V

  • wheatnotthechaff
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26 Apr 18 #501085 by wheatnotthechaff
Reply from wheatnotthechaff
Hello gud8heart

Don't panic, take a deep breath.
You don't need to complete a form E until ordered to do so by court.
First you need to decide whether you wish to negotiate a settlement via her solicitor, in which case the form E will be a required document in due course because it's unlikely that the Consent Order would be signed without reference to a form E.
If financial settlement ends up going via the court route then you'll need to complete a form E for the first hearing (Financial Directions) as fully as possible as at the date of the hearing but your wife's solicitor will need to have been able to prepare questions on it at that stage so a couple of weeks in advance of that hearing is acceptable.
Do not be bullied, and take back control of your situation - because it's exactly that: YOUR situation.

Wheatnotthechaff

  • .Sylvia
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26 Apr 18 #501089 by .Sylvia
Reply from .Sylvia
Why not email your wife's solicitors and tell them that you will complete and exchange form E, but you need more time to evaluate the overseas assets - and when you expect to have the full information required.

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26 Apr 18 #501101 by stay positive
Reply from stay positive
Don't worry about it, family law is a joke, or as the solicitors like to say "it's fluid"

Nothing gets done if you are late with documentation, don't turn up, don't co-operate that's been my experience and many others I know.

  • dadlovesu
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27 Apr 18 #501108 by dadlovesu
Reply from dadlovesu
Thanks a lot for your valuable response. Please read the edited post above.

  • hadenoughnow
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27 Apr 18 #501124 by hadenoughnow
Reply from hadenoughnow
You cannot have a legally binding financial settlement until you have a Decree Nisi in place. You are a long way from that.

You cannot be forced into the court process without mediation being tried or deemed unsuitable.

You may choose to engage a solicitor but be honest this early stage of the financial process is mostly admin while you work out what's in the marital pot. Once you have the figures you really need advice on a fair settlement before agreeing to anything. If things are going to get tricky and your funds are limited, you may want to consider saving your money to pay for legal representation, including a barrister, at the end of the process when you really need it.

I'd follow the advice above ...tell.them they will have wait and also ensure you will be getting full disclosure from your ex at the same time.

There's lots of support available through this site.

Hadenoughnow

  • WinterBaby
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27 Apr 18 #501131 by WinterBaby
Reply from WinterBaby
Sounds like the type of solicitor I loathe!! Game playing and bullying are typical tactics of this kind of solicitor. As wheatnotthechaff has said, this is not a requirement at this stage.

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