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Failure to exchange Form E

  • nelleh
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04 Aug 20 #513558 by nelleh
Topic started by nelleh
Hello

Needless to say this question has been asked numerous times before, however I would be grateful if I could get some advice on what my next step(s) should be.

I have filed my form E with the Court (as the applicant). I have contacted the respondent about the date of exchange and they have informed me that they are not ready to exchange and have a solicitor's meeting this week, and will update me once they have spoken with their solicitor. As far a I know they have not instructed a solicitor and will be a LiP (as I am). They have obviously failed to comply with the directions of the Court regarding filing by the specified date. I have no idea whether they will respond to me regarding the outcome of the meeting with their solicitor, and from experience will no doubt ignore everything.

What will happen if they don't exchange Form E with me before the FDR? What will happen if they do exchange with me, but they do so at such a time that it does not give me the fair ability to scrutinise their document and to seek advice from a solicitor before the FDR?

Should I now write to the Court advising them that the respondent has failed to exchange Form E (I have no idea whether they have filed it or not)? If so, what should I say in the letter and to whom should the letter be addressed? What would be the outcome of sending this letter? Do I give the respondent a copy of this letter, and if so, do I have to 'serve' it on them and complete a certificate of service?

Thank you in Advance.

  • hadenoughnow
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04 Aug 20 #513562 by hadenoughnow
Reply from hadenoughnow
First hearing is FDA. Deadlines in family law are a bit fluid. A few days delay on Form E isn't going to be a big issue. If it isnt produced at all, the likely outcome will be a one month adjournment.
Complete what you can of the FDA documents. The chronology is not an issue. The questionnaire can clearly not be done without the Form E. The court will likely set a new date for that . You can have a stab at the statement of issues and reserve the right to update on receipt of Form E.

Hadenoughnow

  • Flower64
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04 Aug 20 #513564 by Flower64
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I am in a similar situation. I've completed the Form G and Form H and the chronology and filed it today without any questionnaire as I have no clue what to questions to ask given that I don't have a Form E from him.

I made it clear I can't proceed as there hasn't been a full disclosure of my ex's position. I'm now just waiting for my first hearing later this month to see what the judge says. Hoping he orders him to comply with a penal notice attached - should focus the mind.

  • nelleh
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05 Aug 20 #513572 by nelleh
Reply from nelleh
Thank you hadenoughnow!

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05 Aug 20 #513573 by nelleh
Reply from nelleh
Thank you Flower64. Good luck with your first hearing!

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