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What are we each entitled to in our divorce settlement?

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mediation or VFD Form E?

  • Silverheed
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30 Jun 10 #211948 by Silverheed
Topic started by Silverheed
I have suggested to my wife's solicitor that we should attend mediation to sort out our financial situation.
I have recieved today a letter from her solicitors saying that they are not sure whether mediation will assist and would prefer for us to make voluntary financial disclosures by way of completing form E and I must complete this within 4 weeks?
I was under the impression that mediation would be the correct route to take?
Should I fill in this form E?
Do I need to get my own solicitor?
What is the best course of action?

Any assistance greatly appreciated.

  • londiniumex
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01 Jul 10 #212064 by londiniumex
Reply from londiniumex
Hi Silverheed,

Often, a mediator will need the financial disclosure that is present in a form E anyway... particularly if your finances are complicated.

However, the rejection of mediation means that either your wife doesn't want to have discussions with you directly or that the solicitor has convinced her to do this so that they can get more fees (some solicitors do this as practice).

As you are not represented by a solicitor, you can fill in a form E without any cost to yourself. However, they cannot dictate how long this will take you to do (as it is voluntary, there is no question that you MUST complete within 4 weeks).

At some stage you will have to complete a form E... this is a major cost to get a solicitor to do it, so try to complete it yourself. If you have any queries, come back to Wiki.

Can you clarify what your financial position is? Children, length of relationship etc.

  • Tets
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01 Jul 10 #212065 by Tets
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Do her solicitors say what they will do if they don't receive a completed form E in 4 weeks ? As londiniumex says there is no compulsion on you to do this within the timeframe they have set however if they believe you are purposley dragging your feet they may well then proceed to court where the court will then give a date that completed formEs need to be filed by. Let them know that you are completing the form and you will let them know when you are ready to exchange completed forms. Ask them to let you know when your stbxs form is ready - agree to post the form on the same day as they post hers out to you.

  • Silverheed
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02 Jul 10 #212262 by Silverheed
Reply from Silverheed
HI, and thanks for the reply, just to clarify my financial position,
1) Married 1993
2) Separated 2009
3) Three children aged 18, 16 & 13
4) 13yr old lives full time with me and 16yr old stays min 1 night per week.
5) We are joint owners of a property approx value £190K morgage outstanding appros £80K
6)Both of us working full time
7) Me earning around £40k
8) Ex earing around £16K

Will I have to disclose pensions saved prior to our marriage?
Is ex only entitled to pension share from 1993 to 2009?

Once again thanks for the info

  • Silverheed
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02 Jul 10 #212263 by Silverheed
Reply from Silverheed
Hi, I will write a letter to her solicitors saying that I am completing this form E but that thier timescales are unreasonable and unrealistic.
Thanks for the reply

  • vivi36
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02 Jul 10 #212272 by vivi36
Reply from vivi36
Hello

I completed my whole form E with in aweek.
Therefore I feel that stating that the timescales are unrealistic may be too harsh and rub them up the wrong way, my sol always says to keep them sweet and keep your hands clean.
Take advise as above and tell them that you are doing it, that you are disappointed that mediation wasn't acceptable to your x, and that as it is vollentary you will endevour to complete the process as quickly as you can but you will not be restained be time scales, and that you will contact them as soon as you are ready to swap, like wise you would apprieciate them contacting you when she is ready..... keep them sweet.
Also if it is poosible I would go to her sol on the day of the swap and physically do it. I wouldn't trust them.
Good luck and there are some great links on here to help you complete it

xx

  • pixy
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05 Jul 10 #212571 by pixy
Reply from pixy
Slightly puzzled here about the form E timescale. Doesn't form E need CETV etc - which will take more than 4 weeks to get?

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