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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.

Original poster

Form E guidance please

21 replies

KedsAndTubeSocks · 28/04/2020 14:54

Can anyone please give me some guidance re: personal possessions and Form E? I'd ask my solicitor but I think she's finding working from home tricky.
Do I have to list an item that I've had since childhood? Does ex get a share of the value of this item? What about an item that was given specifically to me during our marriage? So not a joint gift, but my birthday present which he has never used? And what about money each of us was given to help buy a house? Does that all go into the communal pot?
I'm not trying to rip him off, just understand what is considered fair so that we can get through this as quickly and painlessly as possible.

OP posts:
SallyR12345 · 28/04/2020 15:54

Hi Keds,
I'm not an expert but my understanding is that items of value (£500+) are listed on your Form E. He will have to list his as well of course. If you both put similar amounts of money into the house they will cancel each other out. If there is a difference then this may well be recognised and allowed for in the settlement.
When it's all done and dusted, someone's got to own pre-marital and physical assets so it may as well be the person they originally belonged to. If it wound up in front of a Judge they are only interested in fairness and seeing you both move on so wouldn't waste much time any time on presents etc. To answer your question, yes, they need to go on your Form E if only to demonstrate that you're hiding nothing.
Hope this is helpful...
Sal.

Frankiefree · 28/04/2020 17:30

I'm also having problems filling in the form. The only valuable possession I have is my engagement ring. But I assume I also have to put down my car. We have another car that my DC uses. Would I also need to list this?

Chumpnomore · 28/04/2020 19:16

Hi, yes put your cars if they are in your name they will count. You need a upto date valuation, easy on auto trader.
Jewelry is tricky to value without paying for a valuation which you obviously want to avoid ! List it ,but only if you think its worth over £500...
I had a watch and a kindly jeweller said he could see it wasn't worth more than £500 without doing an inspection.. Which was great as then I didn't put it on form! Tricky atm I know to get an official valuation.
I sold my engagement ring as soon as my husband left me, couldn't bear to have it in the house. He's never questioned it.

WhiteWriting · 28/04/2020 20:54

My ex husband is demanding I declare my engagement ring so the value can be split as part of the financial settlement.
He even asked me to get it valued.
Maybe I should write on the form that I threw it into the sea on finding out he had fathered a child with his OW!
Would be interested to know where I stand legally on this if any wise Mumsnetters are reading?

Original poster
KedsAndTubeSocks · 29/04/2020 08:44

Sorry White no advice. Maybe 'misplaced'?

OP posts:
Frankiefree · 29/04/2020 12:34

I hate doing financial paperwork and finding it really difficult to motivate myself to fill in all the forms.

White - I am in the same position as you re baby....

WhiteWriting · 29/04/2020 17:15

Sorry to hear that @Frankiefree - I was due I court today for the First Directions Appt but all is on hold due to Corona. I am working on the questionnaire that comes after Form E exchange currently. The paperwork never ends! My ex thinks he is due more of our assets because he has a partner and child to support!!!!!!!!!!!!!!!!!!!!!!

Original poster
KedsAndTubeSocks · 02/05/2020 08:04

I spoke with my lawyer and was slightly surprised to hear that you don't put all your 'chattels' on the form. And that anything given by your family would stay with you, anything from his family would go with him. My parents are very kind and have given us most of the the things in this house.
Ah well we're having 'one last try' again, so it's all on hold for a week or 2 anyway.

OP posts:
Palaver1 · 05/05/2020 19:55

On you tube there is s lady who advice on how to do it sorry i dont have the link

sadwithkiddies · 07/05/2020 21:49

i am also being asked to fund OW & baby!!! - and OW kids who live with them - sigh. so now i need to fund my own kids, and theirs.

yes any personal possessions over £500 have to be listed.

rings lost.
cars have to be listed yes
courts are being held over the phone at the mo....

WhiteWriting · 07/05/2020 22:14

unbelievable disgusting behaviour @sad. What bastards. How far along are you in proceedings? Have you had a court hearing yet?

sadwithkiddies · 07/05/2020 22:26

2 so far....3rd one next week. will go to big hearing i think. he's determined to make me pay the big bucks.
i just sit there and solicitor does the talking for me.... he doesn't have one as too tight to pay.
despite trying to settle it'll take a judge to dictact what we'll each get.

WhiteWriting · 07/05/2020 22:36

if you don't mind me asking, is he trying to get more than 50/50?
Has there been any indication he will be successful across 2 hearings? What possible reason could there be for that?
I have spent so much on my solicitor already and its frightening to think that at the final hearing it could end up with all the expense and worry not being worth it.

sadwithkiddies · 07/05/2020 23:11

no but he wants close to 50/50 - while i have 5 children to care for.
in addition he wants 50% of the children's savings...while i am saying they are not up for discussion...he doesn't know exactly how much.
My solicitor said to start at 30%. he declined that offer.
He thinks i have money i simply do not have and his counter offer was bonkers.
he is asking that i provide a bed house for him, OW her kids and my 5 kids.
my solicitor bill is crazy!
at no point any indication that he will get what he wants, im just going through the motions as its his court application so i have to turn up unfortunately.

whitewriting the paperwork after form E never stops no, you have update it each time too.

Cherrypie3456 · 07/05/2020 23:46

Hi everyone, it’s really helpful to read your posts!
Are you all after form e stage- are your arguments all for capital, or spousal maintenance as well?
Do form E’s have to be done if you apply to court?

WhiteWriting · 08/05/2020 21:55

Evening all!

@sadwithkiddies please say its not all new documents to go with updated Form E at every hearing? The last lot of paperwork took an age. I'm losing the will to live! Like you, I am the respondent and hadn't banked on this costing me anything what with him being the one who buggered off.

@cherrypie - I am effectively at second stage. We didn't do the first directions appt as it would have been a remote hearing and we needed to swap questionnaires about our Form Es, which we have now done. I am sorting my replies as is he. We will then swap those and await a court date for the FDR \second hearing) hopefully this will be when courts resume in person as I'm not overly happy about my future being decided in a rushed decision down a phone. Ask away if I can help.

sadwithkiddies · 08/05/2020 22:56

yes sorry it is all updated. so bank statements from the last time to date, updated mortgage statements, ISA etc etc. ITs a nightmare and takes me hours. This was my third time prepping for court next week. I've also have to do a schedule of deficiencies - the paperwork ex was able to ask for was unbelievable - council tax bills, receipts, credit card bills, bills for childcare etc etc.

WhiteWriting · 09/05/2020 21:32

oh no @sadwithkiddies - it took me a month to do the first lot of paperwork! Was the schedule of deficiencies the bit after the form E exchange and then the Questionnaire exchange - so essentially a second questionnaire? I wonder if there is time for the judge to even look at all this stuff in the limited time given.

sadwithkiddies · 09/05/2020 22:15

@whitewriting it does get quicker each time - from the date of the last court date to the next bank statements you have to update but its hours work not days

yes the schedule of deficiencies is the bit after the first form E when your ex can ask you anything and you have to answer the questions.

I think the judge glances at it and if ex raises anything can insist on it being looked into...

MollyButton · 11/05/2020 19:45

I just came across the Advice Now website www.advicenow.org.uk/
You have to pay for the specific Form E guide, but a lot of other guides are free, as is the step by step Form E video and the checklist. (I think you can also get a free copy if you are on a very low income.) I'm looking for a fair deal but don't want to ask for too little and deprive myself and my DC later.

Alwayscheerful · 03/07/2020 09:55

My understanding regarding household contents suggests items above £500 value should be separately itemised.
Should a total value be listed for the general household contents?

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