Form E

[Anna713]

I'm confused. If both parties have agreed the financial split ie everything is split 50/50, is it necessary to fill in a form E or can a solicitor just draw up the agreement? Thanks

I think it is required to be filled out so the courts can satisfy themselves that it is fair. Even if you agreed 50/50, if there were kids involved, they might not pass that as fair just based on agreement and would want to see the maths.

If you have agreed you don’t need to do the full form E but you do need to do the form D81 which is a shortened version and lists all your assets and liabilities so the court can ensure the agreement is fair and reasonable to both parties.

Thank you both.

It’s not required if you agree
fill in d82 and get solicitor to draft the order

D81

Form D81 still ask for all information on assets. Is the difference that you don't have to share income and outgoings?

I strongly recommend you do Form E for yourself anyway. It’s a sobering experience 😂

Are there children?

Yes there is one child . I'm actually asking for my son who has parental responsibility for his daughter. If the mother is unwilling to pay child maintenance will she be forced to?

Then they should both do a Form E but sounds like they are amicable (as far as that is possible in a divorce). Child maintenance is calculated according to income and the amount of nights the paying parent has the children. I am not sure how that works precisely in a 50/50 split but assume that if there is one parent that vastly outearns the other then it is fair that they pay child maintenance to the other. If they earn similar salaries then there is no need but there should be a defined parenting agreement in place as part of the paperwork which outlines how child expenses are shared, decision making, shared values etc.

If there is a court decision that one parent must pay the other one child maintenance, it can be forced via the child maintenance services and taken directly out of their wages. HOWEVER, this incurs a 20% surcharge and that seems stupid if they are being civil about everything else.

Why do you think she needs to pay child maintenance in a 50/50 split?

PS They both have parental responsibility. I think you mean he is the main resident parent? I just saw that comment and then yes if the child lives mainly with one parent then there is child maintenance to pay but also why do a 50/50 split?! If he has to accommodate the child for however many years, this should be a consideration in the division of assets for housing.

My granddaughter lives with her father, my son, and the mother is only allowed supervised contact. He doesn't think it fair that the assets, which is just a small amount of equity after the house is sold should be split 50/50 but is worried about solicitor costs if he doesn't agree to this. The mortgage is in his name and he alone pays the mortgage. He also has to give her a large sum out of the equity when the house is sold because she was given this as a deposit by a relative and there is a legal document to say she has to have this back when the house is sold.

I can’t comment on the legalities around the equity if she isn’t on the mortgage and without knowing what she contributed in the marriage outside of the mortgage payments but my initial reaction was she’d just get the deposit back with the incremental interest. Alternatively that the 50/50 includes that amount. So not half the equity plus the deposit.

Child maintenance is calculated based on “normal people” and counts the nights a child is with the paying parent. So yes she should be paying CM to him if she is earning.

This sounds rough. So sorry 😔