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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.

Any advice to prevent H from constantly delaying divorce proceedings

81 replies

doddlitis · 11/07/2022 15:51

Hi all, I'm a regular but name changed for this.

H agreed to divorce and not to contest the matter given his unreasonable behaviour. I filed for divorce in Autumn and although he didn't accept the reasons I cited (but then that's all part of the unreasonable behaviour, disagreeing with anything and everything) he eventually appointed a solicitor but not until after we had to pay to have the divorce papers formally served on him because he wouldn't respond to the documents sent in the post.

He then refused to go through mediation which would have potentially saved us £,£££'s. I'm not expecting a substantially bigger share of our joint assets in comparison to him, I don't expect things will fluctuate much from 50/50 but he believes he will be "ripped off" and end up much worse off as a result of the divorce. Mediation could have helped us sort that out if he would just have attended in a "reasonable" frame of mind. Following that he stopped communicating with his solicitor so they eventually stopped acting for him as he wouldn't put together any of the information requested or even return their calls. All of this mean't that we were delayed in moving on to the next stage of things.

We finally get a FDA date and he eventually appointed a new solicitor at the eleventh hour (but who is now struggling to maintain contact with him) and although the FDA was postponed a revised deadline was set for exchanging form E to give him additional time as he had done nothing.

I spent a lot of time doing my form E, guided by my solicitor, it is comprehensive and honest. I also did all sorts of additional stuff that the solicitor requested such as a projected income and expenditure for myself and the teenagers going forward, research for details of alternative housing options etc.

Today I have received a copy of his form E which contains values he wishes are true in respect of property (not backed up by a valuer's report of any sort), lies about his health and inability to work (which funnily enough started at the same time as the divorce proceedings) and lots of speculation about my finances/my future financial position. Any box which should have a pension valuation in respect of his pensions is left blank. I know for a fact that he has received ALL of his pension valuations but he's stating these will follow when he receives them which just allows him to delay, delay and delay as far as I can see.

So basically he now knows everything about my pensions, bank accounts, projected living costs post divorce etc and has effectively avoided providing anything meaningful in exchange. How is this legal ? Is there anything that can be done to make him comply properly ? My solicitor already had to attach a penal notice (I think) to the second request for him to produce a form E but in all honesty he hasn't complied anyway because it's just a pile of misinformation/omissions and speculations about my finances when it should be all about him and his. It's just another delaying tactic as far as I can see and one that he's getting away with.

All the time this is going on, he's effectively not paying any child maintenance because he refuses to get a job and isn't eligible for any benefits so contributes nothing, just lives off me/our savings via use of the current account and sharing the marital home with me and the teenage children. He's also racking up legal fees for both of us unecessarily, having to physcally serve divorce papers on him, the ignored mediation, the first solicitor, all wasted money coming out of our joint account. Is there any way he can be made to take the brunt of these costs, only necessary due to his defiance of the whole process, when it comes to finally splitting our assets between us ?

My solicitor seems in no hurry and just issues soothing words, but then the longer this goes on, the more the solicitors make out of us....

He's pissing away his remaining working years (we're middle aged) and stealing yet more years of my life and I'm beyond pissed off given the rubbish contained in his form E.

OP posts:
stillherenow · 17/07/2022 10:57

We were going through court and he didn't send in his form e. So my solicitor eventually wrote to him saying we would instruct a barrister and file for contempt of court for not following the court order to file a form e.

My take on it now is that you can put anything you like in a form e, no one checks. We got one in the end but I'm sure it was made up.

stillherenow · 17/07/2022 11:01

We ended up settling at the second court hearing, and the (wonderful) judge made it quite clear to him that I had offered him an amazing deal and he should get the hell on with it . I may have got more and costs paid at the final hearing but I really didn't want to go that far and jt was always going to be a bit of a gamble, even though both my solicitor and the judge felt it was very likely to see me come out with more. I got enough to set up my new life , and that was all that mattered.

lonelydad2022 · 17/07/2022 11:08

Are your pensions similar? If that is the case, maybe offering 50/50 of the assets and everyone keeps their pension, no spousal maintenance. Child maintenance arranged via CMS.

lonelydad2022 · 17/07/2022 11:19

doddlitis · 14/07/2022 07:49

@Ohthatsexciting

Solicitor suggests allowing extensions of time for H to do what is being asked of him. He doesn't need more time, he has the information (or it's available with a little bit of internet research), he just needs to be forced to fully declare the information required.

His form E is a joke, it isn't complying with doing a form E at all and my solicitor doesn't seem bothered at all. How H's solicitor had the nerve to call it completed and forward it is beyond me. although he is lying to his solicitor about basic information.

There's decent asset levels involved so I'm suspicious that neither solicitor will try and speed things up as the longer it goes on the more they'll get to charge us.

If H had to pay all legal costs (mine and his) out of his ultimate share of our assets once they are split, he wouldn't be dicking around like this but I can't get a clear answer from the solicitor as to whether this is possible and if so how/when it can be applied for/how likely it is that I'd be successful in getting this agreed/enforced.

I believe when they refer to legal costs, they refer to the court fees and similar and not the costs of your solicitors. They are also only for the divorce itself and not the financial settlement.

Oblomov22 · 17/07/2022 11:39

Why don't you tell solicitor that you aren't happy with the relaxed approach and want her to be much more proactive.

Oblomov22 · 17/07/2022 11:55

My friend was proactive, got her solicitor to write letters, judge questioned him about delays. I'm the end contempt of court, He was so frightened at the threat of going to jail he finally complied.

Sunflowergirl1 · 17/07/2022 14:54

@Ohthatsexciting
What is the disposal of assets if the overdraft is terminated or used to pay household bills? Can't quite see it really. I would if she emptied the joint savings account. Even if she removed it to a sole account, as long as she didn't dispose of the funds I don't see the negativity of that.

I still don't see your point that she has to keep paying her salary into an account he can then access her money?

doddlitis · 17/07/2022 15:04

lonelydad2022 · 17/07/2022 11:08

Are your pensions similar? If that is the case, maybe offering 50/50 of the assets and everyone keeps their pension, no spousal maintenance. Child maintenance arranged via CMS.

Child maintenance arranged via the CMS ?

You may have missed the bit where I mentioned that H refuses to get a job and the only part of his form E with much detail is where he depicts himself as a victim unable to work. The CMS are renowned for being toothless as far as making sure those who could pay CM do actually pay so there's no hope with someone who has become totally work-shy.

OP posts:
Isaidnoalready · 17/07/2022 15:10

Freeze the joint account and savings? I took my name off the joint account and let him have it put my money in a different bank in my sole name

Ohthatsexciting · 17/07/2022 16:14

The op can’t do a damn thing in terms of changing anything to do with the joint account unless she forgets her husband’s signature.

How old are your children? If a dependent he will argue that he was a sahm. So you can’t stop paying in to joint account as that is his only mean of income and would be seen as financial abuse.

i am aghast your solicitor didn’t address legal fees expenditure first task. Your sol and his need to discuss how to frame this ie you will cover his legal fees up to a maximum of X

Ohthatsexciting · 17/07/2022 16:14

Forges

Ohthatsexciting · 17/07/2022 16:15

The key is how old are the children

if young he will argue he is a sahp

Ponderingwindow · 17/07/2022 16:25

My situation was different because we had no children so there was no child maintenance issue. My XH managed to drag out our divorce for years. It was cheaper to wait him out than to fight him.

I did take exactly half of the money out of the joint account and start banking out of my own independent account. I told him to take the other half and open his own account. It took him some time, but he got around to it eventually and in the meantime I didn’t touch the joint account, I just pretended it was solely his.

I continued to pay his cell phone, his car insurance, and his private health insurance which stung, but because of our extremely disparate incomes it was the best approach for my particular situation.

doddlitis · 17/07/2022 17:35

children are teenagers

OP posts:
Ohthatsexciting · 17/07/2022 17:42

doddlitis · 17/07/2022 17:35

children are teenagers

Young? Mid? Old?

Does he much more of the cooking? Housework? School journeys etc?

You need to be honest with yourself otherwise the risk is that he will draw your children in to this to confirm that he does so the lion share and essentially was a sahp

Mylifehasimploded · 17/07/2022 19:13

It took 3 years (nearing the end now) because my ex delayed and delayed. I’ll be honest, I can’t say the judge really cared that much about him delaying and lying on his form E. He hid pensions, savings, took loans out and claimed them as marital debts, I had proof it was all lies but the judge wasn’t bothered.

gfwantsmoney · 17/07/2022 19:39

doddlitis · 17/07/2022 15:04

Child maintenance arranged via the CMS ?

You may have missed the bit where I mentioned that H refuses to get a job and the only part of his form E with much detail is where he depicts himself as a victim unable to work. The CMS are renowned for being toothless as far as making sure those who could pay CM do actually pay so there's no hope with someone who has become totally work-shy.

I see. In that case, it is going to cost a lot. My solicitor charges 350 for each letter. It's unbelievable the amount of money they charge. They take a big chunk of the house equity.

BetterFuture1985 · 17/07/2022 21:23

gfwantsmoney · 17/07/2022 19:39

I see. In that case, it is going to cost a lot. My solicitor charges 350 for each letter. It's unbelievable the amount of money they charge. They take a big chunk of the house equity.

Well, they will if you keep asking them to send letters! God knows what happens to the money though, the average income of a Family Solicitor is only £45k.

doddlitis · 17/07/2022 21:40

Ohthatsexciting · 17/07/2022 17:42

Young? Mid? Old?

Does he much more of the cooking? Housework? School journeys etc?

You need to be honest with yourself otherwise the risk is that he will draw your children in to this to confirm that he does so the lion share and essentially was a sahp

15 - 18 age range

I am acutely aware that he's taken to doing certain housework tasks regularly since he refused to take employment outside of the home after divorce proceedings started, but the kids want the divorce to go ahead as much as I do. I figured this might be because he wants to claim to be doing something for the kids even if it's only washing their clothes (guess who gets to do the ironing though !)

He doesn't do any domestic repairs/gardening/cooking/shopping/bill paying or school runs/facilitating the youngest teen's hobbies.

OP posts:
mathanxiety · 17/07/2022 21:57

Take out half of the money in the joint bank account. Open a new personal bank account for yourself. Pay into the joint account only what is needed to cover your portion of bills plus a tenner. Keep the rest of your money for yourself.

Get your solicitor to petition the court for an order to compel your H to produce the full Form E information by X date, and for an order dividing assets and pension in absentia if he defaults.

You can cite the foot dragging as proof that the orders are necessary.

Ohthatsexciting · 18/07/2022 07:16

I feel for you op
but I think you have to brace yourself

you have what is regarded as a “long” marriage, you have 3 dependents, he is not working and hasn’t worked for some time and could very feasibly present himself as a sahp with no resource to any money unless the family money.

how long has he not worked for?

doddlitis · 18/07/2022 09:13

Ohthatsexciting · 18/07/2022 07:16

I feel for you op
but I think you have to brace yourself

you have what is regarded as a “long” marriage, you have 3 dependents, he is not working and hasn’t worked for some time and could very feasibly present himself as a sahp with no resource to any money unless the family money.

how long has he not worked for?

He obviously decided not to look for another contract when the one he was working on came to a premature end about 6 months after divorce proceedings started.

Prior to that he'd always worked and was the higher earner in the family.

Now he's apparently too ill to work or to seek alternative work.

OP posts:
Isaidnoalready · 18/07/2022 10:48

Hardly a sahp when the youngest is 15? I'm assuming years not months here?

Bottom line he wants a bigger cut because he is unemployed you can agree cut your losses and go with the kids (assuming that's what they want) or you can get into a lose lose battle and nickel and dime it over fairness

Ohthatsexciting · 18/07/2022 13:29

So he was in full time employment until 6 months post divorce proceedings? And had always more or less been in full time employment?

This casts a very different light on the situation!

Ohthatsexciting · 18/07/2022 13:30

doddlitis · 18/07/2022 09:13

He obviously decided not to look for another contract when the one he was working on came to a premature end about 6 months after divorce proceedings started.

Prior to that he'd always worked and was the higher earner in the family.

Now he's apparently too ill to work or to seek alternative work.

ah I missed this.

has he been to a doctor and something tangible diagnosed?