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divorce - form e exchanged - need more information

(13 Posts)
greenberet Mon 05-Jan-15 10:13:29

can anybody advise me on this please (i know my sol can - just trying to keep costs down) Form E have been exchanged - mostly pointless from my side as DH had controlled everything financially & most things were joint. He has several bank accounts which are in his name only and which he opened before divorce proceedings and which he has been using since - he is claiming there is no money and the only way I can gage how true this is is by seeing the bank statements- the ones I have seen are now 3 months old & i have been asking him to send more uptodate ones - he says he doesn't have to until we do next full disclosure - which could be months away - and again is irrelevant on my side as he is still controlling everything - the impression I get is that he hasn't curbed his spending at all just expects me to -I am at my wits end with the constant lying deception etc - thanks

AltheaVestrit Mon 05-Jan-15 11:09:54

WellWhoKnew is the expert on this as her FW STBXH has messed her around no end with his lies and prevaricating. She has got herself a Shit Hot Lawyer who has seen through his facade and will hopefully be getting his comeuppance in the next few weeks at the final hearing.

Your solicitors bill can be settled once the financials have been sorted, so don't worry too much about the costs when it's expert advice you need.

HTH

traviata Mon 05-Jan-15 11:25:55

paragraph 2.3 of Form E specifies that the disclosure has to include all bank statements for the past 12 months. This means the 12 months ending with the date of the Form E.

What exactly is your concern, which you think 3 more months of bank statements will address? Is that he says there are no assets? Unless there was a substantial balance in a savings account, the fluctuating balance on a current account may not make much difference to the outcome of the application.

or is it that he says he needs XXX income and says you only need YYY, but he is spending recklessly? In that case, income is the more important information, rather than bank statements.

greenberet Mon 05-Jan-15 11:58:14

thanks both - yes know WHK - trav its the second - i am 50% joint owner of company - get low salary & dividends - he pays me salary & what he thinks is sufficient and keeps the rest - history of double standards all the way through marriage - what he pays is enough but recently he had £9k & i had £2 - and yes he is saying no money now but seems to only apply to me - delaying all information - by the time i get the dividend info we are 3 weeks into the month - just totally had enough

BatshitCrazyWoman Mon 05-Jan-15 16:39:38

Your solicitors bill can be settled once the financials have been sorted, so don't worry too much about the costs when it's expert advice you need.

(Sorry in advance for derailing) - I couldn't find a single solicitor who would work like this - for my divorce I am billed monthly, and have to pay up. No chance of waiting until the financial settlement (when I will have some bloody money!). It could be that the OP is the same, and is very conscious that every phone call and email to her solicitor will cost her money.

intlmanofmystery Mon 05-Jan-15 17:19:50

I'm afraid you will need your solicitor to get tough and quickly regarding disclosure. After Form E exchange there is the opportunity to ask questions (via a Questionnaire) to clarify and/or raise issues. If you feel that assets/cash etc is being hidden then you need to raise it as soon as possible.

I have been in a similar situation where my exW started moving money around, sold assets, cashed in policies etc as soon as we separated and has consistently denied it despite documentary evidence to the contrary. Her complete refusal to engage means we are also heading to Final Hearing.

The sooner you can agree the size of the cake then you can start to divide but you need to establish how big it is first. If you are experiencing financial hardship as a result of your exH's actions then this also needs to be raised. Sorry but unless your STBXH is prepared to be open, you need to go through your solicitor and swallow the cost. The sooner you can get it sorted, the cheaper it will be!

WellWhoKnew Mon 05-Jan-15 18:31:12

Hi, I'm up to my eyeballs in bank statements here, so I'll quickly answer best I can.

At Form E, you exchange ALL financial information. Then you don't exchange again until 7 days before the Final Hearing. So technically he is right. In the questionnaire that you will now raise, you can ask about other things if you believe you don't have full disclosure.

If you are joint owner of the company (and can prove this) then you can request all financial information regarding the business activity of the company at any time. It's nothing to do with the Matrimonial Act. However, you may wish to wait for FDA (get it booked now) to get this court-ordered if he is refusing to comply.

If you're struggling financially, consider going for Interim Payments - doing an 'ex-parte' court application. It boils down to whether he can afford it, but you can self-rep this as well. Take care, and good luck.

(Also pay the lovely SHL monthly unless we are heading into a hearing, whereupon the joy of the day arrives the next day...sometimes on his doormat!)

greenberet Mon 05-Jan-15 20:42:38

thanks for replies all - yes batshit monthly bill & boy does it add up! intl dont think he knows the word " open" - business involved and one of issues is sizing the cake - used to be a huge gateaux - now appears to be a tiny cupcake! hello well - bugger thats not good - I am 50% shareholder - Im assuming this is the same - sorry been a trusting female! and I assume he provides the financial information. form E was a bit of a wasted effort as he knew everything about me - its the company thats the main issue and hes playing a right old game with me.

WellWhoKnew Mon 05-Jan-15 21:31:13

Remember Form E does focus on your future needs, lifestyle etc, so it's not totally a waste of time. And if you go through the entire legal process, it is the most critically examined thing so try not to embellish shit as you'll look the fool in court when your bank accounts are examined.

Mine had full control of my bank accounts for all our married lives. I did not even know my bank passwords when he left. Yet, still he is enquiring why I paid out of my current account into my ISA account every month until he left - something he set up!! Not to worry, I've now put it all in my solicitor's account sad.

intlmanofmystery Mon 05-Jan-15 23:35:24

Well - god yes, how many hours have I spent poring over bank statements?! If only I was on an hourly rate, I could have covered my legal costs! I agree the Form E is a legal document however (ime) some folk see it as a wish list which really doesn't help...

greenberet - if the major issue is the valuation of the business, and your share of it, then you may need to retain an accountant for a formal valuation. However if you want to pm me then I can help give you a high-level indication of value (several years professional experience of this!)...

WellWhoKnew Mon 05-Jan-15 23:58:34

Green is it a limited company or a 'one man band'. Companies House (cost per document = £1) is your best friend.

traviata Tue 06-Jan-15 18:13:09

OP, make sure you ask him to disclose management accounts (ie what is going through the books right now) as well as the last sets of filed accounts, which may be up to 2 years old. They will show all cash entering and leaving the company.

Is there any chance you are a director, not just a shareholder? This is very common, even if one spouse in reality knows nothing about the business operations.

greenberet Wed 07-Jan-15 20:17:35

no I am not a director it is a limited company - he has actually sent some stuff through today so thanks everyone - not sure whether it was solicitor giving him a kick or me saying was going to speak to Inland revenue - so much time wasted with his mucking about & i have got nothing left for him now

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