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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.

Help/ advice Please ! Ex not responding to form E and court

11 replies

Dreamingme · 04/01/2025 14:34

Does anyone have experience of what i am currently going through with my ex husband, in short, I stared the process of sorting out finances about 15 months ago, I had the first hearing, ex did not show and did not provide form e and documents, it was rescheduled and again he did not show or exchange form e and documents. From that hearing the judge ordered it straight to final which will be in March, first fined ex twice of which wasn't paid in the time given, now I'm really worried cos I believe the finances will be sorted by the judge without having the ex's form e ,as I truly believe he won't provide them again or turn up, Is this possible,how can a decision be made based purely on one set of finances.

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LemonTT · 04/01/2025 15:22

It depends whether there is a need for his declaration and if you are disadvantaged without it.

What do you know about his finances?

Chowtime · 04/01/2025 15:23

How much money potentially, are we talking about?

Dreamingme · 04/01/2025 15:49

Inc matrimomial home and my pension its about 500k thats mine and the house is in my sole name, i dont knoe what hes earning now or how big is his pension. So does that mean he will be entitled to a percentage of my pension and house without giving any financial information ,i.e form e and documents

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Dreamingme · 04/01/2025 15:55

LemonTT , i thought submiting a form e is a requirement by the courts, he could be having thousands in account yet the judge will base decision purely on my own finances.

I guess what im needing advice on is how is it possible for a judge to sort the finances based on only one form e, mine.

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Doggymummar · 04/01/2025 15:56

He is unlikely to get anything from you I would have though as he hasn't asked for anything I assume if he hadn't turned up or filed paperwork? What does your legal rep say?

Dreamingme · 04/01/2025 16:04

Doggymummar · 04/01/2025 15:56

He is unlikely to get anything from you I would have though as he hasn't asked for anything I assume if he hadn't turned up or filed paperwork? What does your legal rep say?

No he hasnt turned up ,not filed any paperwork, fined twice and not paid, ignored all solicitor letters, barrister called him on day of 1st hearing he said he wasnt going to attend and then on rescheuled hearing judge called him and there was no answer, its as if he avoiding all and hoping for judge to make the best decision

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Doggymummar · 04/01/2025 16:08

I imagine the judge will fing in your favour, but whether you get anything is a different matter. My ex failed to turn up and I was awarded 70/30 of the house and savings but nothing of his pension as the judge said he was unlikely to cooperate and it was better to have a clean break. I agreed.

WordsWords3 · 04/01/2025 16:10

Some infos here:

https://www.bortoftbell.com/disclosure-and-nondisclosure/

(see the last section a-d)

https://watsonmorrisfamilylaw.co.uk/the-duty-of-disclosure-in-financial-proceedings/
"What if a party refuses to provide information?
As well as facing the likely prospect of an order for costs, a request may be made that a penal notice is attached to the order requiring them to give disclosure. In more extreme cases of non-disclosure, the defaulting party may be held to be in contempt of court. "

Dreamingme · 04/01/2025 16:28

The penal notice was attached to his order ,made no diffrence to him . Forgot to add that on 1st hearing when call was made by my barrister he lied by saying he did submit form E , judge did check court portal and nothing was there and nothing appeared since

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Chowtime · 04/01/2025 19:10

the judge will probably find in your favour then.

What have you asked for? In those circumstances, I'd be asking for all of the house plus all of my own pension in return for not asking for any of his money.

Dreamingme · 04/01/2025 19:46

Well to be honest i didnt have a chance to ask for anything ,as soon as i walked for 1st hearing judge ask where is he , not here , so.judge fined him £1400 adjourned and rescheduled, next hearing same story fine £1200 ,and judge said we going to final . Guess me being fair i wanted 50/50 from house and to keep my pension.

Not mentioned that there was a text message from him ( at the start)
" my friemd told me to go for house sale amd your pension"

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