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form E

  • Roselady
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7 years 3 months ago #402984 by Roselady
form E was created by Roselady
Hi
I have had to give up my solicitor as my legal aid has finished and I cannot afford to go to court and pay the fees. So that leaves me with filling in the Form E myself !My STBX is being really nasty.Bit of a long story but he is nothing but a bully.I dont know what to expect in court and he will have a solicitor. He wants me to pay the mortgage out of the house sale and he will have the rest as even though the house is in my name, I was too scared to talk to him about money and he always wanted the best , so I remortgaged without telling him . He has always paid money in etc and there are a lot more complications, but basically when he found out I said that I would pay the debt from my half.I was distraught and scared at the time and feltguilty. As time has gone on I think that he looked for a way out of a 40 year marriage , and that there is another women involved
Problem is what happens in court? I am attempting to complete the form E but I have other debts as well is there a guide for divorce ?
Any help greatly appreciatedx

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  • TBagpuss
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7 years 3 months ago #403083 by TBagpuss
Replied by TBagpuss on topic Re:form E
you might find this book useful - www.bebc.co.uk/family-courts-without-a-lawyer/9780956777409/ the author is a very experienced family barrister .

In terms of the Form E this is not complex, just very long.

In looking at how debt is split, the court has to consider what is fair - in particular, what was the money used for. It is unfortunate that you remortgaged without telling your ex, but a court still has to look at what is fair over all, including looking at what your needs are for rehousing, (and what his needs are)

it is the court, not your ex, which gets to decide which of you gets what, so just because *he* says the whole mortgage must come from your share does not mean that that is what will happen.

even if you agreeed with him at the time he first raised it you are not bound by that.

Also, consider checking out whether any local solicitors offer a Pay As You Go service - you might find it helpful to pay for a meeting to check over your Form E before you file it, for instance.

You may also be able to arrange for representation wither by a local solicitor, or via a direct access barrister , for any hearings, even if you can''t afford to pay for a solicitor to do everything for you.

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