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Form E information needed

  • hattiedaw
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15 Jun 12 #336951 by hattiedaw
Topic started by hattiedaw
Dear All,
I am new here.
I left my abusive husband 3 years ago. There was nobody else involved and has not been since. I just wanted to get out of a really bad situation.
In April we were supposed to have our final hearing but, despite being asked for by my solicitor for months running up to this and by the judge during the 2nd court hearing my husband still has not completed his form E. He is self employed and very wealthy (property investment).
What is making me angry is that I''m reading everywhere that failure to produce the documents requested can result in imprisonment etc but my solicitor laughed at me when I mentioned it.
When we turned up at court in April my husband (who has sacked 2 solicitors already) turned up without so much as a pen! At that hearing the judge rescheduled the final hearing til july so my husband had time to get his documents together. Documents my solicitor and a different judge had requested for many many months previous!
What is so unfair is that it cost me a fortune to have my Form E done and to get it sworn and my husband can mess about like this for months, ignoring requests and missing deadlines given.
Are there any known cases where people HAVE been prosectued for not producing accounts etc and complete Form E''s or are they just a joke which solicitors make money from?
Many thanks for help in advance.

  • Fiona
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15 Jun 12 #336998 by Fiona
Reply from Fiona
The problem with asking to produce documents is that the court doesn''t allow "fishing trips" and there needs to be some evidence that documents exist.

When someone doesn''t comply with court rules and procedures causing unnecessary hearings it is litigation misconduct and there is potential for a penalty in costs. Usually each party pays their own costs but the court may order someone to pay the other sides costs.

Also when there is non disclosure based on what evidence is available a legal team might be able to argue an estimate of the true value of assets and the judge can make "adverse inferences" when making a decision. In one case a husband just disclosed 5 properties and another 30 or so came to light. Rather than splitting assets 50:50 which was the likely outcome the the judge awarded the wife substantially more than the husband.

  • hattiedaw
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16 Jun 12 #337016 by hattiedaw
Reply from hattiedaw
Thank you for replying to me.
I dont really understand what you''re saying though.
My husband has 50+ properties which, when I was with him were all let.
During the time we''ve been back and to to court (mainly to try to get him to cough up the documents) 17 of these properties now sit empty.
He claims they need repairs that he cannot afford.
In my mind I feel he''s running his business down to avoid any proper settlement and then once the final hearing is over he''ll re let the empty properties.
The court has given him time to do this, it seems so unfair.
When I met him he was in the middle of a divorce and showered me with expensive gifts of jewellry, exotic holidays etc. I now see he was disposing of money so his ex wife didnt get it and it would seem that he''s doing it again. Can this be brought up in court?
Thank you.

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