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Ex applied to court - but no money!

  • thewomble
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27 Jan 25 - 27 Jan 25 #524977 by thewomble
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My ex-wife has applied to court for financial arrangements. I have received an email from my wife's solicitors, including a Notice of a FirstAppointmentrequiring me to fill in a form E and giving a date for a first appointment. I have a few procedural questions (I really cannot afford a solicitor at the moment). I have not received anything directly from the court other than a General Order. Is it normal to only get documents from the applicant's solicitors, rather than the court?

I have some questions about what I need to do right now. I would be really grateful for any answers at all:

1. My financial position is currently very weak (self employed and business going badly - lost clients in the last few months) and I have substantial net debt. It is therefore quite possible she is in a better financial position, and our child lives with me. It may be that I should make a claim for support from her. Can I do that (as the respondent), and if so do I need to do anything now?
2. She arranged an MIAM but (both before and after that) has consistently refused any other attempts at negotiation or mediation. Given that she canot expect to get a lot of money out of me, and comments in messages sent to me, I think her main motive is revenge. Does any of this help me at all?
3. I have moved house to a different county. The first hearing is remote. Can I apply to have the case moved to a court closer to me in case there are in person hearings, and when should I do that?
4. I gathered evidence of abuse towards me and the child in order to apply for an occupation order after the divorce (she moved out after the preliminary hearding so i never got an order). Does this have any bearing, or is abuse just irrelevant to a financial case?

Edit: to add, does any evidence for arguments I want to make have to be made in time for the first hearing, or can further evidence be added later?
Last edit: 27 Jan 25 by thewomble. Reason: Add further question.

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29 Jan 25 #524985 by WYSPECIAL
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While you have no money is probably a good time to be sorting out financials!
You can represent yourself if you are prepared to do a bit of work and are organised.
You could ask for the case to be moved to a court nearer to home but it may cause delays.
Have you received anything from the court? You wouldn’t usually be exchanging Form E at this stage.
Behaviour doesn’t usually have a bearing on the financial outcome.
If your child is living with you is she paying you child maintenance? If not apply to CMS and get it sorted.

  • thewomble
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29 Jan 25 #524988 by thewomble
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I have received a Notice of a First Appointment , but not directly from the court. It was emailed to me by her solicitors. It gives me a date (a little over three weeks from now) by which I have to send the court "a standard form of financial statement" (and footnotes indicate that means a Form E). This has been really confusing me.

Yes, she is paying maintenance but only a tiny amount because she is apparently unemployed. It does make me wonder how she can afford solicitors. I am guessing her new boyfriend is funding it (I think the timing is because she is planning to marry so this is a last chance to get something from me).

I am fine with delays as I will have to represent myself so more time to get organised. Should I apply to move court now or at the first hearing or some other point.

"While you have no money is probably a good time to be sorting out financials!"

That had occurred to me. I did get some legal advice nearly four months ago (when she arranged the MIAM) and the solicitor did not think she would get much, if anything. That was when business was still going well.

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29 Jan 25 #525000 by thewomble
Reply from thewomble
I emailed the court to ask why I did not receive the notice of first appointment directly from them.

The reply was:

"xxx court are only a hearing centre for the FDA we have not had any information on hearing dates as yet."

But the notice of first appointment is from that court!

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