STBXH a refusing to fill in Form E(9 Posts)
Obviously I've just emailed my solicitor but wanted some reassurance really, he's had mine for months but has told me tonight that he won't fill it in until we are actually divorced. Can I force him to do it? He lives in the family home while I rent with the children. My name is also on the mortgage.
Ok, so the stages for divorce are:
- Apply for divorce
- Judge grants decree nisi (he agrees that you can be divorced, but you are not yet divorced)
- Then you can either apply for the decree absolute (the divorce itself) or delay it to agree financials.
It's usually better to agree the financials before getting the absolute. Either party can apply for the absolute after set waiting periods, BUT you can challenge it if the finances aren't sorted.
So, basically, he can't force you to divorce before the financials are done.
However, he can refuse to fill in a Form E until made to by a judge. That would mean taking him to court. By the sounds of him, you're headed that way anyway.
But you do need to attempt mediation first. It's fine to turn up, let him say he refuses to declare his financials & then state that mediation has failed.
Also be prepared for him to file an incomplete Form E. You are allowed to ask follow up questions to the Form E, and that's your chance to challenge anything that is missing...but some people will deliberately slow things down & make you send lots of solicitor's letters, to make you spend extra money, just out of spite.
And yes to the slow things down out of spite. He wants me broke and in the gutter. Looks like he might get his wish.
Ooh I feel your pain!!!! I was at the point where I have filed for divorce, in fact the decree nisi was granted on Thursday but stbxh still hasn't produced his form E. I did the mediation appt so that I could put in a court order for his form E and we had written to say he had until Friday just gone to produce his form E. It arrived on deadline but is so incomplete its bonkers - he has our wedding date wrong, DD1's name wrong, the wrong number of children even in one section and his pension statement isn't correct or what we need! I now have to pay more money to probably have to get a court order for him to provide proper financials. And because he hasn't even written off for his pension statements yet and they take 3months to come thro I won't be divorced by the end of the year which was what I had hoped for. TOSSER!!!!!
Sorry - I started my post to add advice to you and ended up ranting! Basically - get the mediation appt done so you can file a court order for his form E, and don't agree to the absolute until financials are agreed x
If you are going to court then I think you have to show that you considered mediation but it won't work for you.
The process is - book an appt via Nation Family Mediation - just call them up and book one, they will find one close to you. It costs £95 I think.
I'd recommend doing it yourself so you get a slot that suits you, and its v easy to do and will save you solicitor costs on top of the £95. It can take a while to get an appt so its worth getting it out of the way early.
Then go to the meeting, and they will take down your basic details - date of marriage, name and DOB of any children, etc.
Then they will ask if you are willing enter mediation or not. In my case I explained that H is being very uncooperative, and that was enough for them (minimal reasons and no evidence really needed, its more down to your feelings and your personal wish not to enter mediation). They won't tell your H you have been if you don't want them to.
They agreed, and then sent me an official form which I sent to my barrister/solicitor.
I took along my relevant paperwork - marriage certificate and bank statements but didn't need any of it.
Does anyone know how much it costs for the court order to get a form E completed? ...and if it's possible that the judge would get my stbxh to pay (as he's been deliberately stalling for well over a year now)? Not that it matters I guess coz until we are divorced my money is his money and vice-versa. Sigh. But if he thinks he'll have to stump up the - extra - cash for that I hope he's more likely to comply.
there is likely to be a costs order made against him but whether in fact you get hm to pay it is another matter ....
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