How to force exH to complete Form E (financial disclosure)

[ClaireRalph]

I have now had my decree nisi arrive (yay :D), but now exH is saying he isn't going to complete a financial disclosure (even though he claims to be penniless so it should be that hard, whereas I have a house to get valued, lots of savings accounts etc).

We agree (I think!) about the amount of money I have to given him by way of settlement, but he is currently living in my house (which I am the sole owner of) whilst I am renting my sister's spare room off her, and its not ideal to have my daughter sharing my room in a 3rd floor 2 bed flat. I can't get him to leave the house until the divorce comes through, and he refuses to help pay the mortgage, so is living rent free at my expense.

Needless to say I am desperate for the divorce to come through ASAP, whereas he has no incentive for things to get finalised quickly. He is now claiming that he won't sign the financial disclosure.

Can I formally ask him to fill it in, and if he hasn't by a certain time then get my sol to draft the consent order without the financial disclosures? I am reluctant to give across my own form E unless he does likewise as I don't want to be shafted any more than I will be already (the figure is already quite high that we have agreed, and we were only married 3 years, plus I am the resident parent whereas he is a feckless bum who is chosing not to work :(.

Help?! Anyone been in this situation before?

Thanks bb. I am more than happy to do my own form E and get the consent order drafted, but my reluctance was to send him my (completed) Form E if he doesn't do his. My thinking here was that he could then use this information against me in some way.

I am annoyed that he is dragging his heals with the divorce now, and to force it to a conclusion may entail me spending a lot of money going to court. Given I have two sets of living costs to pay, plus childcare for our daughter, I am cutting into my savings each month as it is, and this is all money that I would rather spend on providing a happy home for her.

My solicitor advised that if ExH won't complete his financial disclosure then I need to ask the court to make him.

I had to apply to the courts for Form E disclosure. You use Form A to apply for 'Ancillary Relief' and usually that gets them to wake up...

Yes that's correct, you need to issue proceedings to force the issue. The court will set down a timetable listing the date by which you and he must file disclosure, a date by which you file a questionnaire (any queries arising from disclosure) and then a date for the first appointment. The idea is that you should be able to negotiate a settlement once you've got the info and then prepare a consent order to be considered by the court - in which case the 1st appt can be vacated. If you can't agree or you have issues with disclosure the 1st appt is used for directions and the judge will make appropriate directions (orders) and set the matter down for further hearing.

The downside - gets expensive once you start attending hearings. But can be an excellent way of putting pressure on a tightfisted opponent who doesn't want to spend the legal fees or risk a costs order.

And yes Claire, financial info is usually exchanged rather than one giving theirs first.