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Form E and further questions(2 Posts)
Has anyone any advise please. My ex is the applicant in the financial settlement of the marital assets. I still live in the marital home with my daughter and we had verbally agreed that would remain the case until she left full time education in 2 years time. He has now arranged to marry in the spring and clear wants the money out of the house to pay for this.
He started the process back in September. We had a date for exchange of Form E on 30 October this year. The date came and I supplied the form E and all required documents, including valuations of all items over £500 (cars and that's about it). My pension CETV, wages slips, P60, 12 month bank statements, credit card statements, paypal statements (yes really!) etc etc.
My ex did his Form E but no supporting documents were with them. No pension CETV's (he has three pensions). No wages slips, no P60. Only 6 months statements etc etc. No credit card statements despite the fact that he claims that his credit card debt of almost £20,000 is due to the cost of living away from the marital home and renting etc. No proof of anything really just what he chose to write on his form E.
So we go to first hearing and the relevant documentary evidence is still absent. The questions he asked are over and above what is required on the Form E. Fair enough I suppose but my questions of him basically sat at what should have been included in his form E. Gross salary, pension valuations and explanation of huge debt. I know he earns plenty enough for the rental and living so there is a mystery as to how he has run up such a lot of debt.
So the first appointment at court was four weeks ago. We then agreed that all further questions would be answered by last week. Again nothing. My responses to his questions have been lodged with the court but not exchanged with him. It was stated by his lawyer in front of the judge that with full disclosure as agreed that he was going to prepare yet another proposal for settlement prior the next hearing. As we stand now I know no more than I did last February when we went for failed mediation due to lack of disclosure, four weeks ago first appointment when it failed due to lack of disclosure on his part again.
It seems to be the case that he really doesn't want to divulge his full financial position. But it was him that started this process. He has written 3 letters with proposals since earlier on this year. Each time the response is that I cannot possibly consider this until I know the true value of everything. I have no idea how much his pensions are worth, he has had a copy of my CETV since at least early 2014. He knows my salary as I'm a public sector worker and nothing to hide there. I don't know his. I have no idea of his true financial position at all.
On his form E he reduced his monthly income by around £600. The figure he claimed on the form showed a lot less than his employer had paid into his account over the six month period he did provide account statements. He is also claiming that his salary is almost £5,000 a year less than when we were together but he is still in the same job with the same employer?
Interestingly the property he is renting has a rental level that would require a salary of at least £10,000 a year more than he claims to be earning, but somehow he has managed to rent said property through an agency?
None of what he has put on his Form E adds up and I'm not even an accountant or anything like that. I just feel sure most of it is fictitious.
Thing is he's not really that stupid. I've seen him work on stuff. I've been with him when he's taken a previous employer to court. He researched and researched to death and, in the main, knew what he was doing. He quotes the law on just about everything and has successfully taken people to small claims court before. So I'm at a loss to understand what he's up to. Either he's not as smart as he thinks he is or I'm missing a trick here? It stresses me out endlessly to be honest.
He has also withheld child maintenance for several months by avoiding contact. Moving house, keeping the new address a secret, not answering calls from the CMS. Blocking all numbers that relate to me on his mobile phone and not providing any other contact details to anyone that might be connected to me or my daughter. He has gone to extraordinary lengths to avoid being traced. He only sees our daughter by visiting her here and taking her out for lunch etc. On documentary evidence his address has been redacted. I have no wish to be in contact with him and prefer that he has nothing to do with my life but it seems to me that he is doing his level best to hide something.
At this point in time his actions in taking this to court have cost me in the region of £3,000 in legal fees. I cannot afford to pay this without selling our house. But what is more frustrating is that he has refused to negotiate just keeps firing letters at me with proposals. When I responded each time he just goes silent for a few months and then comes back with basically the same settlement suggestion. I am unable to discuss with him as he hides. I am not able to deal with the court process myself as I don't feel confident enough to do it successfully but the legal bill is racking up.
He will let this go on and on until we are both without any funds to rehouse ourselves purely because he sees this as a fight he has to win no matter what that will cost. He will break the pair of us. He can recover as he has a good income, a new much younger partner that is a good earner. He also has more than 20 years before he retires, I have just 6 years working life left. I earn about 20% of what he earns. My pension pot is about 10% of his. How can I stop this attempt to bring about my ruin that will result in my being homeless in retirement? Can I bring all this to the attention of the courts. If he started this as he is the applicant can I take some control and make it clear to the courts that he does not want to reach a compromise but just beat me into the ground?
What is my next step please?
I have a lawyer who I trust and gives me good guidance but it costs!!!
Ask the court to list it for a short hearing to deal with the enforcement of the order for disclosure. I'd expect him to be ordered to pay the costs of that hearing as he is the one who is in breach of the order.
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