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Adjournment and Form E

  • John8543
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13 Feb 23 #520608 by John8543
Topic started by John8543
Hi. Myself and the Respondent agreed to mutually adjourn our first hearing for a financial Consent Order as we'd agreed to a Clean Break order thru and online divorce company.
It now transpires that she didn't process it properly and I've been conned (seems that way although she's adamant she's now completed it).
The new court date won't be for atleast another three months and I'm now racked with frustration and anxiety that if the Clean Break doesn't arrive thru the company we used, I'll now potentially have to resubmit form E and all the accompanying paperwork.
Does anyone know if this is the case or will the original documents still be accepted ?
Thanks in advance
​​​

  • hadenoughnow
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14 Feb 23 #520610 by hadenoughnow
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Are you happy with the agreement but there's just a problem with the paperwork or have you changed your mind about the agreement?

If the former, there's no point wasting the court's time. You can find someone else to draw up a consent order for you. It is a service offered by this site.

Hadenoughnow

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14 Feb 23 #520612 by John8543
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Hi, thanks for your response.
It's not the content that's the issue unfortunately. We have very few assets that I'm willingly trying to share equally!
It's my ex wifes desire to be difficult basically. She is the type to drag something out on a power trip because she can and I suspect that's the case here.
If she literally refused to action the clean break or respond to court, ( she would think nothing of ignoring any threats of prison etc!) ,would the judge eventually making a ruling without her present do you know!? Surely it can't be aloud to continue indefinitely!!

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14 Feb 23 #520613 by hadenoughnow
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If you are in the court process a judge will eventually make the decision for you whether she cooperates or not.

What stage did the consent order reach? Has it been properly drawn up together with a D81 but just not signed and submitted?? Or is it signed but not sent to the court?? Did you take legal advice to check it was fair??

You may be able to issue a Notice to Show Cause or at least tell the judge that you have a concluded agreement on which you wish to rely.

My inclination would be to send a formal open proposal to her in the exact terms of the consent order. You could copy it to the court. Tell her that if she persists in pursuing the matter through the courts when you have a concluded agreement you will be asking the court to make an order that she should pay your costs. An open offer can be seen by the judge at final hearing and should be included in the bundle for other hearings.

Hadenoughnow

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15 Feb 23 #520620 by John8543
Reply from John8543
Thanks again for your response.
The agreement we came to is being drawn up by an online divorce company who have indicated to my ex wife, it should be deemed acceptable. (She's keeping a few thousand in savings we had and both of us keep our pensions. Mine is worth more).
Obviously if the clean break was rejected by a judge, I'd need court action to get a pension sharing order granted.
She's adamant she doesn't want the aggravation of court and the Form E etc so it's a straight shoot out between one or the other.
I don't care which now, I just want it done either way so I'm free to determine my own future!
I'm going to take your advice and email an open letter so it's totally transparent that I'm being pro active and hope the judge looks favourably on this compared with her obstructive behaviour.
Thanks again

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