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Please help with query regarding completion of form e!

3 replies

nopanicandverylittleanxiety · 06/12/2011 20:37

Hello All,

I completed a draft version of form e and the solicitor has suggested 2 amendments that I am concerned about. I would be very grateful if anyone with some knowledge on this form could give me their view on this please?

Section 4.3 - I have included details of my stbxh signing over his equity in our home to me. But then explained that prior to our marriage I had invested £15,00 (from a trust fund) in to renovating the house (which we got a joint mortgage for a few months prior to getting married).
My solicitor has stated 'You will note that I have not included this in the section 4.3 as although there are arguments to say that you should be entitled to receive the £15,000 back that you have invested in the property, by virtue of the fact that you were married, you both have an equal interest in the property'

This contradicts the advice I was given by the partner in the law firm (who I had my free half hour with prior to deciding to use then in my divorce). She said that you should get out of a marriage what you took in when possible.

In the bad behaviour section I have explained that I have had to decrease my working hours to 18 per week as he will not assist with any school pick ups even on his days off. (His pension was already worth a lot more than mine). The solicitor thinks this should not be included.

Thank you!

OP posts:
Collaborate · 10/12/2011 00:04

4.3 - Put it in. Put it in. Put it in.

Why oh why are they telling you to leave it out? Ask if someone else can deal with your case. They might be right and in the over all scheme of things it might not make a difference, but to fail to mention the contribution of £15k is to mean that the question isn't answered properly.

Bad behaviour - it isn't what is called "gross and obvious" bad conduct, so don't put it in there, but do put it in the contributions section. It is a contribution that you are making to family life and the care of the children.

It's your choice to put it in or not, not your solicitor's.

nopanicandverylittleanxiety · 10/12/2011 18:07

thank you so much for the response I will email the law firm as per your advice

OP posts:
mumblechum1 · 18/12/2011 11:11

At the very least I'd expect the £15k to be mentioned in the contributions section (near the behaviour bit). Agree with Collaborate, behaviour as you describe isn't anywhere near enough to be considered except in the contribution section.

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