Questionnaires in Financial Disclosure

[beliveinlifeafterlove]

Hi,

My STBexH has left omitted lots of information from his formE. I was trying to keep legal costs down and do most of the work myself. Now I've got a deadline of next Tuesday to submit lots of forms including the questionnaire, to raise questions about financial disclosure before the first hearing.

Does anyone happen to have a template I could use?

Thank you so much in advance!

Watching with interest as I'm in the exact same position!
His form e is such a work of fiction, I'm actually kicking myself for being so honest.

We did not complete Form E - we completed form D81 instead

Me too!

I was completely honest - hoping it will be an advantage later... It certainly isn't with negotiations!

I'm shocked to be honest, bank accounts missing, made up debt.,...how can someone be so brazen with court documents?!

Hi, you don't need a template.
Just title your document with your case number and the names of both the applicant and respondent.
Title the document 'Applicanfs questionnaire of Respondent Husband..( or vice versa if you are the respondent) and then underneath number your questions..

You will also need a Chronology written..when you got together, married, birth of children, separated, applied for divorce and any other mitigating factors. Title this Chronology of Events..

Hope this helps.

Ask absolutely everything you can think of on your questionnaire and ask that he provides proof of whatever evidence you require..

So, for example,

1. I believe there are bank statements relating to an account with HSBC which are not showing on the D81. If this account has now closed, could the respondent provide evidence of said closure or provide recent statements if this is not the case.

Literally, pick it all apart. The judge will decide what's relevant, but the key is making as much work for your ex and his solicitor as possible and making him sweat. Go through each statement with a fine tooth comb, and bring up anything at all suspicious..

So there's a quite bit:

He provided an annual Savings Account statement that only goes up to September 2022, rather than April 2023

He refused to provide any credit card statements. His (aggressive) solicitor said he will provide them if I agree to malign said he will only provide them if i agree to making this court date an FDR , rather than first disclosure.

She implied that if I refused I would be wasting the courts time 🧐 I didn't start this fruitless process (which will absolutely cost more than the legal fees)

He has also played down the massive support he has from his family. I've found 5 significant cash transfers from them since May 2022 £1000, £1000, £500, £548, £300 and I know about some further cash in hand gifts - should he have disclosed this as a source of further income?

With regards to the savings account..just word it as I have above.

Please could the respondent provide statements up to April 2023.

With regards to the FDR they are trying to throw their weight around. Do not engage in further communication regarding that. Add it to your questionnaire. And the judge will decide.

The money gifted from family is tough. Its not an income as such. But you are within your rights to mention it, and ask what it's been spent on..if the judge rules it unnecessary, then he won't follow it up.

You're going to exchange questionnaires and each have a chance to respond. Do not be bullied. Stand firm and allow the judge to decide. Disregard what his solicitor says, she's working for him, not you.

Stand firm

What's the financial situation currently? You could be bold enough to request to the judge that your ex pays all of your fees..if he's playing games.

Financial situation is tricky. It's a complex situation.

I have zero family residing permanently in the UK. I didn't get home for two years due to COVID before having DD in September 2021. I was the higher earner. Set up a limited company in a skilled profession so we could buy the FMH. That meant I didn't get any maternity leave to speak of..

Eventually had a breakdown. He left and moved back in with his wealthy parents. My mum moved here to support me.

Now he's refusing to let me move home.

But also refusing a reasonable buy out on the house. I tried to do the right thing and prepare two options for mediation (one where we split assets 50/50 and DD and i relocate home when the mortgage fix ends and she starts preschool, the other we depart from equity in my favour to allow me to buy him out and my mum up remain here to support me.

He's refusing everything, not suggesting any alternatives and trying to take advantage and of me being unrepresented at every turn.

Have you tired mediation? I'm assuming so..
Looks like a tough case. Keep persevering one step at a time..focus solely on the Questionnaire first. In my experience, they back down when it's realised you see through them.

What is he doing to support you financially presently? Are you getting child support?

He has my daughter 50/50 of the time... and for the moment he's still paying half the mortgage.

It's his Mum who looks after her. I kept asking him to arrange nursery and offering to pay half the costs but he kept refusing and over burdening his own parents. They'll never say it though - they've always indulged him.

What that meant was if I ever needed support in a critical situation (Eg, DD in A&E, my brother in Intensive Care, my mum needed to attend a funeral of a friend of 18 years) they would outright refuse to provide any help.. and get quite nasty.

I really wanted to keep this all out off court but he sensed that, considered it a weakness and is preying on it.

Okay, one step at a time then. Arrange the financial Questionnaire. If you want help wording questions or are unsure on if you should add something, just ask and I am more than happy to draft it out with you.

Thank you so much!

I'm had to take time off to get all of this done!

I completed the c100 form this morning to request permission to move home. I've sent it to a friend to review and hoping to submit this week.

He really doesn't want me to do start at C100 application, I didn't want to to do it either but no longer feel I have any choice. He's made my life so inhospitable.

He keeps saying it's not in DD's "best interest" for there to be court proceedings regarding childcare but takes such an aggressive stance on finances. He's a walking contradiction...

Can I launch Child Arrangement Proceedings and ask for Financial Arrangements to be dealt with after Finances?

Can I ask in the questionnaire or at the first hearing - who is paying for his legal fees?

The issue there is Child Arrangements and Finances are separate. It's great you've filed the C100. But, you have a period of time, after exchanging questionnaires, to prepare responses.
I'd do that first. And then wait for the Hearing date and request the judge postpones, until Child Arrangements are in place. Ultimately you can't agree on Finances until you know where DD will live and what split that will be. So they will postpone.
The reason I say this is because, once he's received your Questionnaire he may back track. Although appreciate that's not a given.

Ps..please worrying about what he does and doesn't want. Not your problem any more. I know it's hard, but get out of that mindset.

You can't ask who is paying his legal fees. You will both have to state how much your costs have been so far, and I'd there is any entitlement to Legal Aid, and also how much you anticipate your fees to be going forward. The judge takes this into account. You will need to make a request to the judge if you'd like him to pay your fees.

I’m in the exact same situation, going to pm you.

Form E is just the long hand version of D81 really. If your affairs are simple you can jump straight into D81. But if you have a lot of different assets it is sometimes easier to start on form E and then summarise that onto D81. For a consent order courts only need D81 , but it doesn’t mean you can’t start with form E