Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
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

Divorce without Form E

44 replies

parkloaf · 30/08/2022 19:56

So just looking for advice Really - disparity between DH income and mine - I earn a lot more (but not mega money - just in comparison to him).

DH has recently walked out but seems wanting to separate amicably.....at the moment

I'm hoping that he will just agree to a DIY divorce so just wondering on the steps on that?

Also the difference between Form E and a Consent Order - I downloaded Form E but honestly DH will never provide the back up documents required - not that he has anything to hide but honestly he's just so disorganised - but if he's not going to contest anything then do we really need Form E?

OP posts:
MichaelAndEagle · 30/08/2022 20:02

Having just been through this you fill in form e and a solicitor writes that up into a consent order for a judge to approve.
If you divorce without it, the finances aren't legally separated.
Apparently in some cases after divorce one party has been able to claim money from the other side, even years later.
But I'm skeptical that would actually happen if you'd been divorced and living separately for years.
With you being higher earner though you probably don't want to risk it.

MichaelAndEagle · 30/08/2022 20:03

We didn't need to provide any back up documents with the form e. Just put in our figures.
We had agreed the settlement though, have you?

Original poster
parkloaf · 30/08/2022 20:11

@MichaelAndEagle

Ah ok - what I'm likely to offer I think is reasonable - DH definitely cannot afford to drag us through mediation let alone court and at the moment seems willing to settle

So if he agrees to what is in form E and doesn't contest anything then you don't need to provide the 12 months of bank statements and 3 months payslips etc?

OP posts:
MichaelAndEagle · 30/08/2022 20:20

I can only tell you that we didn't need to provide that! And we used a solicitor, so I would hope they knew what they were doing!

MichaelAndEagle · 30/08/2022 20:22

Are there any children involved?

StStephensTower · 30/08/2022 20:32

We didn’t do any forms. We just agreed what we would share on the split (50/50 house, kept own pensions) so it was just the cost of the divorce itself. I have made sure I have changed my will & updated all my pension and life insurance beneficiaries.

PhillyJoe · 30/08/2022 20:38

Without a clean break order your financial ties aren’t severed Link

Original poster
parkloaf · 30/08/2022 20:40

@MichaelAndEagle

Yes 3 young children - married 10 years

On the end of the form it's has a list of about 20 documents that it says is required to support each section

House valuation
Mortgage statement
3 payslips
Life insurance!
P11D and the list goes on!

OP posts:
Original poster
parkloaf · 30/08/2022 20:42

@PhillyJoe

Yes but is the clean beak order Form E then?
And is that different to a Consent Order?

So confused by everything - I have seen a solicitor and they sent me Form E but honestly getting those documents out of DH will be impossible so just wondered if even needed Form E?

OP posts:
MooseBeTimeForSnow · 30/08/2022 20:47

If things were amicable you can both complete a D81 - Statement of Information for a Consent Order.
You don’t think he’s hiding anything? You have to be honest and give full disclosure. An Order can be set aside if you don’t.

PhillyJoe · 30/08/2022 20:48

You need to do the form e to inform the consent order (same as clean break order). It’s a ball ache. I nearly cried when I was told I had to update the form e a year and a half into my divorce. But luckily they didn’t need all the proof again, just payslips and bank statements.

MooseBeTimeForSnow · 30/08/2022 20:48

The D81 goes to the Court with the proposed Consent Order. It’s so the Judge can check that the agreement is a fair one. They can’t be filed with the Court until the Nisi has been pronounced.

Original poster
parkloaf · 30/08/2022 20:53

MooseBeTimeForSnow · 30/08/2022 20:47

If things were amicable you can both complete a D81 - Statement of Information for a Consent Order.
You don’t think he’s hiding anything? You have to be honest and give full disclosure. An Order can be set aside if you don’t.

It's possible he's hiding some debt. Definitely not hiding assets unless he has won the lottery and not told me

OP posts:
Original poster
parkloaf · 30/08/2022 20:58

D81 looks much simpler

OP posts:
Original poster
parkloaf · 30/08/2022 21:02

Also does a decision need to be made on the house as part of that?

Can I get a consent order or whatever and the divorce finalised even if the family home isn't sold yet?

OP posts:
Whycanineverever · 30/08/2022 21:06

I did my form e myself and solicitor just drafted consent order. It took my ex a looonngg time to do the form!

The consent order stated what would happen with house and the timescales - so I bought him out and if I hadnt done within 12 months he could demand it went on the market.

MichaelAndEagle · 30/08/2022 21:12

parkloaf · 30/08/2022 20:58

D81 looks much simpler

That's the one we did.....

Sorry. Glad someone else popped along to help!

Iliveonahill · 30/08/2022 21:17

parkloaf · 30/08/2022 20:40

@MichaelAndEagle

Yes 3 young children - married 10 years

On the end of the form it's has a list of about 20 documents that it says is required to support each section

House valuation
Mortgage statement
3 payslips
Life insurance!
P11D and the list goes on!

I didn’t provide evidence as per that list. I suppose the court ( if it had gone to court) or the judge could have asked to see the evidence but they didn’t. My ex didn’t formally question anything I put on form E and I never saw his response.

Original poster
parkloaf · 30/08/2022 21:20

Thanks all

I think I'll try D81 first and then get a solicitor to review it?

OP posts:
mostlydrinkstea · 31/08/2022 07:09

From bitter experience it is worth doing the form E as it sets out what your financial position is now, what your assets are and provides the evidence base for a fair settlement.

If you husband has walked out he is probably feeling great right now but it is unlikely to last. The reality of his new living situation will hit and if he is true to runaway type he will blame everything on everyone else and fight the divorce and settlement every step of the way.

You can't get a consent order until the nisi has gone through. It might be sensible to use that time to get your evidence base together, use a solicitor to inform your soon to be ex of what he needs to do and have the paperwork ready for the consent order so that you are ready to go. If you have a paper trail of non compliance from the soon to be ex it may help in the long term.

millymollymoomoo · 31/08/2022 07:25

Would a judge consider the split fair? Have you both had independent legal advice?

the consent order can be finalised ahead of house sale but will need to outline what will happen and in what % and timeline

MichaelAndEagle · 31/08/2022 08:27

Yes, even if you agree the settlement a judge has to approve it. They will want to be satisfied you can both support yourselves and the children, depending how the living arrangements are going to be split.

Original poster
parkloaf · 31/08/2022 08:54

@millymollymoomoo

I've had legal advice being the higher earner - the solicitor says what I'm proposing is arguably fair

  • 50/50 split of house although he will only be able to buy a 2 bed apartment with mortgage for that but I'd struggle to get a 3 bed house in any event in our area
  • I'll take on the debts i know about like finance agreements, loans, credit cards etc as long as he doesn't touch my pension

I will have massive childcare liabilities as 2 of the children are twins. My ability to raise a mortgage is arguably much less than him even though I earn x3

OP posts:
Original poster
parkloaf · 31/08/2022 08:55

He is only really interested in having our eldest overnight every other weekend so I could argue his living accommodation doesn't need to be the same

OP posts:
Iliveonahill · 31/08/2022 12:48

Does he have a pension?