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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.

Telling lies on Form E

22 replies

JKM66 · 02/04/2024 09:20

Long tory short, going through a divorce after 35 yrs marriage. No mediation as i have a non-molesation order against him - emotional abuse. Exchanged form E and of Feb. First financial order on the 4th April. In his form E he made up stories to make it look like i have received my parent's inheritance (both died last year). Both my parents did not leave any cash as they did not have much but also my sister who was looking after them spent the cash on both funerals and graves ect. Both my parent's lands are complicated - it is unlikely i will receive anything in my lifetime and i can prove it with paperwork but it will take me time to issue the papers and that will delay the process. We live in the same house as he refuses to leave and i can't leave - i have my daughter 23 living with me and a 11 yrs old dog who loves his home - but he has made life very difficult to the point that the police have been around 3 times recently. He knows very well that i haven't received anything but is a technique to delay the process as much as possible so he is still in control.
Ideally i do not want to answer his questions without him giving proof first that his statements are true. I will if the judge orders but can i argue that these are made up stories and i would like him to produce the facts that he bases the stories on before i produce my facts that i haven't received anything and i will not be able to get anything soon!
Any advice will be greatly appreciated.

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millymollymoomoo · 02/04/2024 09:35

He’s correct in including them

you will need to provide the evidence to back up your claims that you won’t inherit.

your 23 yo is an adult and won’t be considered in regards needs for housing, neither will the his home’

fill in your statement. Provide evidence as required. Raise questions on his

negotiate and compromise, use solicitor for advise and to assist

Jonathan70 · 02/04/2024 09:44

What did you write on your form E re the inheritance? Your bank statements will already show you haven’t received anything and I assume that you both provided a year’s worth of those?
His form E is about his financial details, not yours and what he has written should be backed up with bank statements etc
Why don’t you update yours by adding a short note saying that your parents estates are not resolved due to (whatever the reason is) and that you do not expect to receive anything from them?
He can ask questions about your form E, as can you about his. So you will be able to ask him what evidence he has to show you’ve received an inheritance and you’ll be able to explain why you think you won’t receive anything.

JKM66 · 02/04/2024 10:38

Thank you so much Jonathan70 for your response. I didn't say anything about my inheritance in my form E as we both know I will not get anything and i do not have any documentation in me at the moment as i said it is very complicated . the lads are still on my parent's names together with their siblings. it hasn't been distributed to the children and even if it does in the next 2- 3 yrs there are 21 of them. Not a very big land either. If it is checked on Google earth it can be seen that nothing has been build there either - as he claimed i have received a flat and 2 other apartments which i have stated i want to leave to our children, one each. Madness.
As per bank statements the inheritance is in another country so i wouldn't have anything here anyway. I will get a document from the authorities there that i own nothing in due course.
I did ask for evidence on his form E but what i am asking is the order of these issues. Do i have to produce my documentation now or should I demand that he provides the accusation with documentation first? This may as well highlight him as a liar.
I didn't know you can update your Form E! Thank you again.

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JKM66 · 02/04/2024 11:13

Thank you millymollymoomoo. He has the same inheritance from his parent that he will never get as it is as complicated, but i though these were irrelevant as we both know we will not get anything. It is not that i wanted to hide anything as there is nothing to hide we just simply know we ill not get anything.
I have offered him so much but he is refusing to compromise.
I will produce the documents but it is just going to delay a very painful process and i will have to spent mor money to issue these documents.

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Jonathan70 · 02/04/2024 12:51

Have you received the flats/apartments? Are they in your name? Or will they be put into your name when your parent’s estate is sorted?
If they are, then they will be part of the overall settlement - both of your housing needs will need to be addressed before decisions can be made over leaving the flats etc to children. (Unless they are already in the children’s names? )

My ex wanted all the equity in the family home and one of her arguments was that she wanted to leave her next home to our children when she died.

It was decided that my housing needs came before our children’s inheritance - which is irrelevant (they would be left my estate when I die too, as well as hers, so will not lose out).

I think you need to update your form E with all the assets in your name or which have been left to you with an explanatory note re why you won’t get the funds anytime soon and the full circumstances. You’re going to have to provide the evidence either way because he is obviously going to accuse you of hiding assets.

You can also mention his inheritance. The whole point of the full disclosure is that there is total transparency so that a fair decision is made - both of you are entitled to your share of the total assets, which includes inheritances that have been received or are pending due to someone passing away. You can’t argue that the flats don’t count just because you were planning on giving to the children.
I think this is going to look bad on you if you don’t declare everything.

JKM66 · 02/04/2024 13:33

Thank you so much for your time jonathan70. I haven’t received anything. On both my “inheritances” land/property nothing has been built yet and it is not going to for quite few years. I have nothing under my name. The lands are in my parent’s name listed with their siblings. As I said these are all strategic moves to delay the process and make us suffer more under his control.

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Jonathan70 · 02/04/2024 14:04

In that case, I’d just add that explanatory note to your form E
e.g my parents passed away last year and own a share of land with their siblings. I am unlikely to gain an inheritance in relation to this until some unknown point in the future, if at all. The only assets I have are those given on this form.

Just answer any questions honestly.

I would imagine your inheritance will then be disregarded and the negotiation will be regarding each persons assets at the point of your hearing. If you are asked to provide evidence, so will he be regarding his. You could take anything you do have re the inheritance eg the Google map of the land with nothing on it and any paperwork stating it also belongs to the siblings. I wouldn’t ask him to prove anything, just state your side of things.

JKM66 · 02/04/2024 15:54

Jonathan70 i can't thank you enough.

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LemonTT · 02/04/2024 17:26

If you have inherited two flats then you have to declare them. Those are assets in your name. Even if you transfer them or gift them, they have to be declared.

I don’t know where the will was filed but generally they are public documents. He can get a hold of it and discredit you in court.

JKM66 · 02/04/2024 21:13

LemonTT thank you for your reply and time. I haven't inherited anything as i said earlier nothing has been built and the land/property is in my parent's name and their siblings. I have nothing under my name and the chances are i won't ave anything in my lifetime.

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Busbygirl · 02/04/2024 21:57

As long as you can both be housed in decent accommodation, it might be fine even if you had inherited!
The law says if you inherit relatively recently, can both be housed etc and you keep your inheritance ring fenced then you can keep it.
Just answer your form E honestly, you haven’t had your inheritance yet so you should be fine anyway.
We had our FDR in January and the judge told me I could keep mine and I was left my inheritance over 2 years ago.

JKM66 · 03/04/2024 08:38

Hi Busbygirl. Thank you so much for your reply. The issue here is that he is determined create as much pain as possible. He has asked for the pension share knowing that both our pensions are the same. Has lied and denied almost on everything. Wants to see statements from 2021 as he implies that i have help from my son. i could go on and on. As he is refusing to leave and wants me and our daughter to leave, he is making our lives very difficult. I have offered him a very good deal and this could have been very simple and easy but he declined. The first hearing which it tomorrow could have been used as FDR but he didn't agree as he put as issues my non existent inheritance and the pension report ect.
My daughter and I live on the edge, as he slams doors and talks to us through the dog (: turns every light on in the house, turns the heating on to max and knocks on the bathroom door while our daughter is having a bath, pees with toilet door open, leaves rotten food in the fridge for weeks intentionally the fridge and the kitchen are filthy constantly. Our daughter have been sleeping with me and the dog in the middle for weeks now as she doesn't feel safe. I had to install a camera in my bedroom.
His intention is to prolog this as much as possible as he is enjoying the control and causing pain. He is very angry and bitter as - how dare i divorce him! Yesterday he cut off the monthly payment for the dog and reduced his payment for the bills as he divided the bills in 3 including our daughter who he knows very well is on training at the moment and has no income. So I work 4 days but now i am suppose to support our daughter 23 and our 11yrs old dog as well.
Sorry, long. How long did you wait from the first Appointment to the FDR? He has stated after the 7th July but that is too long for me living in these conditions

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Elektra1 · 03/04/2024 08:49

Unfortunately the family courts are very backlogged and you can expect to wait months for the FDR, and then many more months for a final hearing if it gets that far. At least 12-18 months start to finish and many people find it takes even longer.

Elektra1 · 03/04/2024 08:51

Is your 23 year old DD in full time education? If not, doesn't she have a job?

I'm getting divorced and have 2 kids in university. One will need to return to live at home after graduation this summer. Unfortunately this is not counted as a housing "need" for me and I will not be able to afford a house with a bedroom for each of us even though clearly they are dependant on me. This is just the reality of divorce: everyone has less money at the end of it.

JKM66 · 03/04/2024 10:31

Elektra1 - I am sorry you are going through the same thing. It is awful.
She had a job for a year but now she is retraining on one of the government schemes. Soon she will get a job but for now she is spending her savings for last year. Our house is a Housing association and she is a maned tenant. Good luck.

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Homewoes22 · 03/04/2024 10:39

Why is he still allowed to live in the house when you have a non molestation order? Can't the police/court make him leave?

Busbygirl · 03/04/2024 12:55

Our first hearing was July 2023. We skipped this.
FDR was January 2024. Final hearing August 2024.
My stbxh has been awful.
He’s hidden tens of thousands of pounds so I’ve been forced down this route. He’s an angry and very unpleasant man-child.

JKM66 · 03/04/2024 15:36

Homewoes22 I have called the police twice and they find it hard to justify arrest as the non-mol works when the couples live apart. the guidelines are blurry and they say its borderline. He is a emotional abuser which they find hard to prove. The non-mol is quite useless in my case. To get him out I applied for an occupation order but also the threshold hold was very high so i had to withdraw it. They want you to prove that you are in an immediate danger and the emotional abuse as usual its hard to prove as he does it at home no witnesses. Even our children's statements weren't excepted as credible as the mother could have convince/corrosives them to be on her side despite that they are both adults. I can not tell you how powerless and unsupported i feel.
Thank you.

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JKM66 · 03/04/2024 15:38

Thank you. That is a long time. You went to a final hearing? I thought not many cases do not reach the final stage.

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Busbygirl · 03/04/2024 16:37

We’ve not had our final hearing yet. It’s booked for August.
I think about 15% of cases go to a FH, my stbxh is a very difficult and stubborn person so I’m being dragged there unfortunately.
Why don’t you use your phone to record him? The police will accept that as evidence. He doesn’t need to know you’re doing it.

JKM66 · 03/04/2024 21:25

Busbygirl - that is what i started doing. I think this will got to final too. He is determined to drag it as much as possible and has even asked for the children's account to be checked. Nasty. I am trying so hard not to get sick but i know when this is all over I will be.

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JKM66 · 07/04/2024 08:22

Hi everyone. Just to update you all. Almost all of his lies were disregarded by the judge. The judge was looking at what was factually there, rather that what was said. What i understand was that if he. didn't back up what he was saying it got skipped. The questions got reduced from 22 to only 4. The judge was very irritated as out case waists everyone's time and money just out of spite - it doesn’t make sense. Now we will have the FDR hearing hopefully in July which is too long form my situation but there is nothing i can do.
Thank you to you all.

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