No Form E

[mumof3boy]

We have our FDA on August 15th.

July 11th was the date to submit form E, which i submitted in plenty of time to the court and to ex's solicitor. I am self representing.

Ex still hasn't submitted his Form E.

The next lot of paperwork is due by August 1st, i've drafted mine already but due to not having his Form E i am unable to raise any queries or questions surrounding this. I should still submit what i can to the court and to his solicitor by the 1st August to ensure I'm sticking to my end of the deal??

Has anyone had this happen to them before and how is it likely to affect the court hearing if I still haven't had it by then??

Thank you in advance and sending strength to all of you out there going through this awful journey xx

My ex did same as they jumped from one solicitor to another and tried self representation halfway through.

Form E not essential for the FDA, as you can raise as many questions as you like regardless. Judge will decide what questions are valid and any that can be ignored. You will then both be directed as to what documents to submit for disclosure.

If your Ex does not comply with the Disclosure requirements and does not submit a Form E he will get on the wrong side of the Courts.

In my case ex had 3 cost orders against them as hearings had to be adjourned due to lack of disclosure. Considering ex was the Applicant their behaviour was hard to understand. Ex blamed their solicitors and went through 4 in total. I don't believe ex received bad advice from 4 different law firms. More likely ex was not hearing what they wanted to hear.

All came out at the Final Hearing. Form E appeared, but the Bank Statements and valuation of ex's overseas property ex had been ordered to provide some 9 months earlier at the FDA were never seen. Judge did not like that and concluded that Ex was hiding money and based their assessment of what Ex had in bank based on my bank statements that showed transfer of money into Ex's account. For the overseas property Judge used figure I had been able to obtain.

Judge then added up all assets on my Form E and their assessment of ex's assets that had not been disclosed and decided how to split between the 2 of us. The previous cost orders and my Final Hearing costs were subtracted from Ex's settlement figure. The total amount deducted by Judge was well into five figures.

So all ex did by not complying with the Courts was to shoot themselves in the foot.

Hope your ex is not as obstructive as mine and you can settle quickly and amicably. My divorce took almost 2 years to complete due to ex stalling.

My OH’s EW did the same as your EH.

My OH self represented, did everything by the book, submitted on time.

His EW used solicitors who played games and submitted everything late.

Stick to the rules and make sure you raise this in court that the documents were submitted late.

If it’s any consolation my now OH’s EW played dirty and the finances were agreed decided by a judge at the 3rd hearing. She got a pore settlement due to her and her solicitors poor behaviour (including lying on the form E).

Write to his solicitors and tell them that unless he files form. E in 24 hours you will be applying for a penal notice.

Alternatively just go to the hearing and tell the judge it needs adjourning because he hasn't done what he was ordered to. (And ask for penal notice)