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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Form E ans assets accrued since separation

2 replies

Sprig1 · 17/08/2015 20:03

I am just starting to fill out my Form E for our first court hearing later in the year (Nov). My husband left Dec 2013 and Decree Nisi came through early 2014 (initiated by him). Since then we have tried mediation but failed, hence going to court. As I have worked hard and been very frugal in the interim I have a reasonable chunk of cash and some assets that I have acquired. Obviously I will be declaring them on my Form E but is there a way I can annotate them as 'mine since separation' or does this not make any difference?
At mediation he was asked to explain his apparent lack of assets/savings as there was a high income and low outgoings being declared. He said he had 'been irresponsible' with money and he did not have it any more. Will this wash in court? I feel that I am being set up for being penalised for being honest where as he has potentially hidden money and there is nothing I can do about it.
I had a particularly good year business-wise last year but it will not be possible to do the same this year due to child starting school and exH not helping with childcare. I get the feeling my last years earnings will count against me even though I will explain my likely future earning potential (part-time, local as no wrap around care at school and no available childminders).
Thanks in advance for your help. I am sure there will be more questions as I go along this process.

OP posts:
STIDW · 20/08/2015 23:08

The first thing is to identify and value any assets in joint and sole names, income and expenditure. Each party has the opportunity to scrutize the other's disclosure and put questions to them in a questionnaire eg please provide details of bank account number xxx, please provide evidence (receipts) of expenditure or clarify payments (hidden accounts may come to light when bank statements don't show money going out and bills have been paid!) At the first appointment a judge decides which questions must be answered and sets a timetable for future hearings.

Later at the Financial Dispute Hearing the judge will hear from both parties what the issues are and how they propose the finances should be shared. This is when you can argue for assets accrued during separation by your efforts alone and not originating from the marriage to be considered non matrimonial. If no settlement can be negotiated and agreed the judge will give an opinion as to the likely outcome if the case progresses to contested hearing.

Sprig1 · 21/08/2015 08:50

Thanks STIDW, very clear and extremely helpful.

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