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Items not listed in FormE but discovered later

  • denpat
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4 months 1 week ago #514468 by denpat
We have already filed Form E and financial disclosure and had the FDA.
We have already exchanged questionnaires and replies and are at the supplementary stage

She has moved money from the joint accounts and some from her sole account for quite some time, regularly, till now and I know she has been giving it to the family but whenever i asked her where the money has gone, she would deny it and get angry and throw fits, as banging cabinets, utensils, etc. Also in the last few years there are also large credit card bills which she has not given an explanation or reasons for the spend.

I filled the Form E myself (self representing). I knew this before filling form E but i did not put it down in form E, as I did not have the proof at the time, in case I do not find it and then I got asked later on in the stage for it, then i would be stuck, and be told i am making up stories and lies.

Now I have come across the evidence (different account numbers to the ones disclosed and transfers into family account with their names as reference), can i put it down in the supplementary questionnaire? she has also not put down other information/assets/shares I have now come across but its quite old but do not whether she still hold them or not.

She bought a car on finance but paid half of it up front and showed the liabilities on the Form E but did not put down the amounts already paid and she has stated its not an asset but a liability

Its not a small amount otherwise I would let it go. I have calculated the totals to be probably over £200k and i'm still missing some statements.

In her disclosure, she has moved money about to the childrens' account and withdrawn quite a lot and made it as gifts before filing for divorce and I do not agree with her answers to the questionnaire either

Any assistance greatly appreciated.

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  • WYSPECIAL
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4 months 1 week ago #514473 by WYSPECIAL
Replied by WYSPECIAL on topic Items not listed in FormE but discovered later
When you do your questionnaire ask about them.

eg Why is account number 654321 with xxx bank not listed? Please send 12 Months statements for this account.

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  • denpat
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4 months 1 week ago #514489 by denpat
Thanks for the reply.

we've already done the initial questionnaire
These transactions were well before the current 12 months statements.

She has been taking money out and giving to family for years and denied it.
I have now put in supplementary questionnaire to state how much she has given to family over the years, diminishing family assets. I presume that's the only option left?

Hopefully I am get an answer as it been denied before.

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3 months 2 weeks ago #514713 by denpat
I had put the new questions in the supplementary and deficiency questionnaire but the reply I got now is that the Respondent does not have permission to ask this questions.

I even asked for the questions to be answers voluntarily or file a directions application
The reply was on what basis you will be applying to the Court.

I guess my next move is to apply for a court directions?

How do I go about filling out forms and what forms are needed and what to put on the forms.

Anyone been in this situation?

Help much appreciated
Thanks

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  • hadenoughnow
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3 months 2 weeks ago #514721 by hadenoughnow
Replied by hadenoughnow on topic Items not listed in FormE but discovered later
Have you had first appointment? You can ask for her to have to produce bank statements covering this period and explain why to the judge if necessary.

Form E should be your disclosure. The questionnaire is to seek clarification of hers. Conduct is very rarely considered. Financial settlement on divorce is about needs first.

If you have had First appointment then you can make a D11 application to seek permission to raise further questions. As above you will need to explain why.

Hadenoughnow

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  • denpat
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3 months 1 week ago #514750 by denpat
thank you get back so quick
Yes the FDA was done some time ago and I as persuaded to get a solicitor
FDR is coming up in early Jan 2021
In my initial questionnaire, I separated the questions.
Then I got a solicitor and he amended the questionnaire and he re-wrote the question with something I did not put in my questionnaire but I had told him what had been happening. Me thinking him being a pro and has a strategy, as he's dealt with financial matters, said the draft was ok.

He wrote that
1. 'The R has not had access to the statements of the joint accounts, The A is asked to provide details and documentary evidence
a. of all transfers made to any such person;
b. of the source of the funds for those accounts;
c. provide statements of any accounts setup in the last 2 years
d. provide statements of all accounts of children in the last 2 years

At the FDA the other side said the question does not relate to the matter as its relating to the statements and that's between me and the bank and not for the A to give these details

My solicitor did not argue the case and he let it pass as the judge agreed with the otherside.

So I have no idea what amounts have been put into these accounts, as they can be closed and A can get the money back, hence my questions to the other side but as stated earlier, my email to them on filing an application, their reply was on what basis you will be applying to the Court, hence me being here.

The other thing is that there are deliveries coming not in her name, so she's using these accounts for personal purposes even though she has stated that they belong to the children and she is not beneficiary of these accounts

For years she been giving money to family, as stated in my first post

I have now parted with the solicitor due to the way it was being handled

The solicitor had told me when I put these questions in the supplementary, that I cannot ask any more questions, as the time had passed and if I need to put an application, this can be risky and costly and add time.
He also said I can bring the matter up later and see if the court will allow these questions true or not, not sure.

I guess I need to provide evidence to show that the money has been given to the family, which I have. But to prove 'cash withdrawn' was given to the family can be a risky, on top of the documentary evidence?

Will have a look at the D11 form

Thank you

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