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Husbands ex lies on Form E

(18 Posts)
SSDGM Sun 18-Feb-18 13:43:28

Long story, but my husband is being taken to court by his ex wife as she wants him to sign the former marital home solely over to her after reneging on an agreement to give him a (small) lump sum when their youngest child turned 18.

We have received her form E and she has stated she doesn’t live with a partner (she does) and that my ex left her 5 years before they actually separated. We can prove both these lies.

We have a solicitors appointment on Tuesday so any tips on how we can challenge this before court later on in the month would be really gratefully received.

Collaborate Sun 18-Feb-18 18:42:54

You have an opportunity to do a statement of issues and questionnaire. This should all be mentioned there.

Marylou2 Mon 19-Feb-18 10:57:21

Get a good Private Investigator. It was the best money we ever spent. Detailed report of partners residence. Photos of cars outside. Discussions with neighbours. He was an ex policeman and left no stone unturned. We disclosed his report to exWs solicitor prior to the court dates and all her lies/false claims magically disappeared

SSDGM Mon 19-Feb-18 11:15:45

Her bank statement clearly shows him paying money to her every month and we know his brother is paying him rent for Living in his house. They also have grown up daughters, one who still lives with her Mum who dropped into conversation last year that the boyfriend had moved in.

It’s laughable.

ohreallyohreallyoh Mon 19-Feb-18 15:05:32

all that is hearsay, though isn't it? He said/she said. Boyfriend moved in a year ago? He moved out 6 months ago....brother paying rent a year ago, stopped paying rent 6 months ago.

This is a clear example as to why it is important to sort everything out with the divorce and not leave it till later as anything can happen.

Has she been paying a mortgage all this time? Is she able to raise additional mortgage to pay off your husband?

lamettarules Tue 20-Feb-18 09:18:36

I agree about getting a private investigator . I had no idea about what the law regards as evidence and non evidence until recently .

Apparently incorrectly filling in a form does not prove intent and on it's own is not evidence of intent to to lie /misslead .

SSDGM Tue 20-Feb-18 13:55:29

Well, she signed the divorce papers in agreement they separated 7 years after she is now claiming, Plus there is proof of a family holiday at least 4 years after she is claiming they split.

She hasn’t declared the money paid into her bank account every month by her partner as any sort of income and my husband’s daughter confirms the boyfriend lives there and has moved in furniture.

My husband paid the mortgage for at least 10 years and supported his children to adulthood after she voluntarily took over the mortgage.

ohreallyohreallyoh Tue 20-Feb-18 21:50:25

She hasn’t declared the money paid into her bank account every month by her partner as any sort of income and my husband’s daughter confirms the boyfriend lives there and has moved in furniture

You have access to her bank account and are aware of the declarations she has made to the authorities? You intercepted her post, email and phone calls?

What divorce papers did she sign? Is there an Order relating to the finances or just the divorce?

Your husband was obliged by Law to support his children. How many of his 10 mortgage paying years were they together?

mineofuselessinformation Tue 20-Feb-18 21:55:11

Don't be silly ohreally. On a Form E you have to attach bank statements, otherwise you could say anything you like.... hmm

SSDGM Tue 20-Feb-18 22:09:20

Thank you @mine. Yes, we have her bank statements going back to last July where he pays by standing order into her bank account.

She has sent back her questionnaire essentially accusing us of hiding savings (we have very little - any money that comes in we spend and enjoy)
She has also questioned where my income comes from(?)

The divorce papers she signed were that, divorce papers. That stated they seperated in 2005 while she is saying 1999. She wants all of the house signing over to her, for us to pay the fees and my husband to get nothing at all.
At the time of the divorce she refused to make a formal agreement and requested it was done when the children were both 18.
I’ve told my husband he was a dick for agreeing to this. He agrees. His solicitor agrees.

PigletWasPoohsFriend Tue 20-Feb-18 22:15:57

You have access to her bank account and are aware of the declarations she has made to the authorities? You intercepted her post, email and phone calls?

Do you anything about FormE @ohreallyohreallyoh

If you did you wouldn't have made that statement.

OP as Collaborate says it all needs to be included in your statement if issues.

ohreallyohreallyoh Tue 20-Feb-18 22:30:53

Do you anything about FormE

Ermmm.....yes, divorced. What she may or may not have declared and to whom is not part of Form E. And she can have undeclared bank accounts. Particularly as some time appears to have passed. How would you know? (Unless she is careless with what goes between accounts and it shows on statements, of course). I am 10years separated, there is plenty about my finances my ex would not have a clue about. Unless, of course, he had some kind of access to my accounts - passwords, my children raiding my private papers....

What evidence is there of the agreement?

SSDGM Tue 20-Feb-18 22:35:07

She’s told everyone including her children that he’s moved in? He’s there every day and their daughter lives there too?

Regardless, she has not declared income from him anywhere and it’s clearly there. She has lied.

You overestimate this woman.

SSDGM Tue 20-Feb-18 22:51:15

She’s told everyone including her children that he’s moved in? He’s there every day and their daughter lives there too?

Regardless, she has not declared income from him anywhere and it’s clearly there. She has lied.

You overestimate this woman.

Tamatave2000 Mon 26-Feb-18 04:06:00

To OP

As Collaborate says you will be able to list all your questions that Partner needs to answer. At FDA (First Directions Appointment) the judge will decide what questions needs to be answered and remove any they consider not to be relevant. Judge will also state what Documents each of the partners have to provide and this is written up in a Court Order.

My Ex told many lies during the Divorce Proceedings, but it all came out at the Final Hearing and Judge ruled that my legal costs were to be paid by Ex.

Ex's Form E was a repeat of mine. Ex ignored the requirement to produce bank statements. Ex even tried to spring new evidence at the final hearing claiming that they were unable to work due to back problems. Ex even lied to her Solicitors (4 different solicitors in the end).

SSDGM Wed 28-Feb-18 14:32:19

Hi all

Just an update.
We did submit our questionnaire (as did she - along with her demand that the whole house would be signed over to her plus for us to pay for the shortfall of the endowment).
Sadly (for her) her legal advice that she had clearly had from down the pub was overruled by her solicitor who advised her as they have no dependent children the judge would direct that she will need to make my husband a reasonable offer within 2 weeks (which the judge did) and he did not wish to see them back in court.

Thanks to those who replied.

PigletWasPoohsFriend Wed 28-Feb-18 14:34:49

Let's hope she complies otherwise it will be back in court

SSDGM Fri 02-Mar-18 07:09:33

It will be back in court and she will be the one with a serious problem as she will be seen as unreasonable. Which she has been all the way through.

Just waiting on contact from his solicitor to see if she submits her first offer within the two week timeline.

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