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Form E

  • Justabouthadenough
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01 Apr 08 #18242 by Justabouthadenough
Topic started by Justabouthadenough
:huh:
Can anyone tell me if they have heard of being able to submit an amended form E after an FDR hearing, judge has agreed this on order. The Petitioner lied on first Form E and now wants to correct this information as a list of deficiencys was given at FDR. "Sworn on Oath" obviously does appear to be taken as it means. Really becoming disheartened about the whole procedure.

  • Elizabeth
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01 Apr 08 #18246 by Elizabeth
Reply from Elizabeth
Hello,

No I have not heard of a Form E being "amended" after an FDR - particularly because of incorrect disclosure! What's the point of having something "Sworn in" - I have heard however that Form E must be "updated" as between the FDR and the Final Hearing there can be as much as 3 months lapse.

I was not happy that my ex failed to disclose important info such as documents to support shares held and credit card debt - (anyone can "hide" money put on a credit card as a credit if they want!).

I am surprised the Judge did not see this in a dim light - but then again it makes not difference - I was scared stiff not to include even the tiniest detail in my Form E and i wish I had not worried now - at all!!!

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01 Apr 08 #18248 by Justabouthadenough
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Thank you, judge was all for the "ex wife" and I found his attitude appalling! To be allowed to change a Form E that is a complete load of lies is beyond me.... my partner is the Respondent and his ex trying to get all assets from sale of FMH.... has no pride or self respect, just wants it all! Has made herself homeless having left her boyfriend of 6 years and is still with him but not co-habitating since start of proceedings. I have today read that the judge at Final Hearing sees the amended Form E, what about the first one that is complete load of lies??? Costs in this case going way beyond our means! I only hope at the FH that we have a decent judge who can see she is a liar!

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02 Apr 08 #18333 by Elizabeth
Reply from Elizabeth
Hi,

I am really not sure how false disclosure within a Form E will be viewed - if indeed any of the original is included in the Trial Bundle at the FH.

What you need to do is challenge the false Form E BEFORE the Final Hearing - Judges do not do "on the day" questioning of disclosure - this is done way before the FH in the form of questionaires between the parties - whereby they question any disclosure they expect to see or have knowledge of. This may or may not involve solicitors - you can do it by writing directly to her solicitor but there is a format to follow.

Trust me, I know that a Judge may possibly make comment but nothing will happen to her for false disclosure - it's SUPPOSED to be perjery, particularly as the Form E is sworn in before the FDR and there is a strict code of conduct on this... my ex didn't disclose things and despite asking his solicitor on numerous occasions it (non full disclosure of shares) just seemed to get over looked.

Main thing is do all you can to prove what you are not happy about... have concrete evidence and produce it to her solicitor way in advance of FH.

Hope this helps!

  • Secret Squirrel
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02 Apr 08 #18334 by Secret Squirrel
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Hi All,

I'm in the same situation. I was very thorough and honest on my form E. When I have to swear a document that is going to the court I'm not going to miss a detail if I can help it.

My x2b on the other hand has been less than truthful on hers. My solicitor has sent a questionnaire with 20 questions about the innacuracies and missing paperwork but she seems to have just ignored it! My first hearing is in a months time.

I will be proper gutted if my ex is allowed to get away with lying under oath but I wonder what can be done as I have never heard of anyone being locked up for lying in divorce proceedings even though officially it is purjory.

Take care,

Secret

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02 Apr 08 #18347 by maggie
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My ex's Form E was an exercise to test how much he could get away with not disclosing.
Anything I challenged he amended as an "error" before FDR without any penalty but a lot went unchallenged because my solicitor cut my 30 questions on his Form E down to 8.
In my opinion there is no chance that a solicitor or District Judge will challenge anything on Form E because they would have to examine Form E and the evidence.

  • loobyloo
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02 Apr 08 #18362 by loobyloo
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Hi all
just to add my x2b has given far from full and frank disclosure on his form...even without evidence the logistics will be obvious
But i am at fh in 2 weeks and he has in my opinion got away with £££,s.....i am just waitng to see now...
looby

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