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Original poster

Form E

31 replies

Missbarrburrito · 06/02/2018 22:28

Im sending the form e to court tomorrow as it needs to be in by the 9th...my questions are...when do I send them to my ex's solicitor?? Do I need to arrange this?? I dont have a solicitor as I cant afford one so im self representing...will I receive my ex's form e or do I need to ask for it?
And finally...do I need to send all documents i.e...p60, bank statements ect to the solicitors too or are these just for the court to see??

Thank you for any advice..

OP posts:
MrsBertBibby · 06/02/2018 22:43

The attachments all go to the other side.

Call them to say you are ready to exchange form E. If they aren't ready, ask them to tell you when they are. Don't give them yours until his is ready.

Original poster
Missbarrburrito · 06/02/2018 23:02

Thank you..

OP posts:
UnRavellingFast · 15/02/2018 02:38

I'm an idiot as I put off doing my form e in terror of the bloody thing and now it's the deadline and I've had to spend 6 hours doing it this evening and will send tomorrow with docs. That estimated cost thing like hairdresser housekeeper and gardener - are they nuts 😂 but even without being nuts my estimate seems to be twice my income ! Will they think I'm taking piss? I pay for everything from pets to mortgage to kids' stuff to boilers. That's why it's so high.

Original poster
Missbarrburrito · 12/03/2018 16:57

I was the same...put it off. Im with a debt charity which have all my expenses listed so I just sent that along with the documents. I dont have the money spare at the end of each month for hairdressers and the like so that wasn't included. I go to court this friday and im dreading it.

OP posts:
UnRavellingFast · 12/03/2018 20:59

Oh bless you I will think of you. Believe it or not mine is next Wednesday. Also dreading. Will your ex turn up and be unpleasant or stay away? Mine could go ether way. I can imagine him screaming abuse at me in court but in actual fact don't think he would. But he would glare at me like he wanted me killed 😮 Great (in a sense) that the debt charity had all your stuff. I too don't have extras like hairdresser and the like. Whoever wrote the form e must be living in e 1950s!

UnRavellingFast · 12/03/2018 21:01

Not sure as not a lawyer but I think they go more gently with ppl who are self representing through not being able to afford. I bloody hope so they should anyway.

Original poster
Missbarrburrito · 12/03/2018 21:40

My ex is a very clever controlling man. He is very pleasant to outsiders but emotionally abusive. He will be mr pleasant in court and he will try and twist things. I need to prepare myself for anything cause im really emotional. Hipe your hearing goes well...thanks for replying..x

OP posts:
UnRavellingFast · 12/03/2018 23:21

oh I understand the clever twisting and the grain of truth that makes the lie so convincing. Take a list of the worst things he's done and the things you want to remember and read it out rather than getting twisted up by him. Good luck, I'll be thinking of you. I hope it goes ok.

Tamatave2000 · 14/03/2018 07:23

To All

Form E's are meant to be exchanged simultaneously. Did not happen in my case and I did not see Ex's Form E until 4 months after mine had been submitted. When I eventually received Ex's Form E it was a duplicate of mine!

Form E can look daunting at the time, but no need to be afraid. It is meant to help both sides understand the other's situation in terms of; earning power, assets, any medical conditions that may make working difficult and a sensible estimate of both sides future needs.

Whatever you do don't make false statements or grossly over exaggerate your future needs as courts will see through immediately. Likewise don't go to final hearing with new evidence in an attempt to catch out the other side as my Ex attempted and had costs awarded against them for time wasting.

Original poster
Missbarrburrito · 14/03/2018 09:35

I received an email from his solicitor on Monday saying we are now ready to exchange.
We Are Due in court this friday!
I replied saying that ive already sent all documents to the court with no questionnaire. I requested an exchange to be made a month ago. 3 days before the court hearing is unacceptable.

I received his form e via email the next morning. I looked through it and half the questions have been left blank. Mine is alot more thorough.

I dont understand why solicitors can get away with missing the deadlines, whilst someone who is self representing like me are overcome with stress over getting it all right.?

OP posts:
Tamatave2000 · 14/03/2018 11:23

To OP

My ex constantly missed deadlines and twice submitted documents 2 days before the hearings.

First time Judge adjourned the hearing and told Ex to pay my costs. Second time was at Final hearing even though Open Proposals were meant to be exchanged 14 days before the hearing.

Don't be afraid to bring to Judge's attention that other side has not complied with deadlines.

What hearing is on Friday? Is it the first FDA (First Directions Appointment) or FDR (Financial Dispute Resolution) which is meant to be a bit like a mediation or the Final Hearing?

Whatever it is good luck as to self represent is brave.

Original poster
Missbarrburrito · 14/03/2018 12:36

Its the fdr,
Ive got no legal costs at all, im hoping I wont get charged anthing as I misread the deadlune dates for sending the form g off, I was a week behind...

OP posts:
Original poster
Missbarrburrito · 14/03/2018 12:38

And thanks! Brave isnt the word...unfortunately ive no choice due to finances.!

OP posts:
UnRavellingFast · 14/03/2018 20:27

Good luck op I'll be thinking of you. Many ex has ignored everything and I can't see him doing anything different. What happens then if he never responds?

Tamatave2000 · 15/03/2018 13:15

To OP

FDR is like a mediation. Suggestions made by the Judge are not binding and if no agreement is reached nothing said at the FDR can be repeated officially in the future at a Final Hearing for example.

As you are Self Representing the Judge will give you leeway on compliance with procedures.

UnRavellingFast · 16/03/2018 15:12

How did it go OP? Hope you're ok.

Collaborate · 16/03/2018 16:53

As you are Self Representing the Judge will give you leeway on compliance with procedures.

It is very dangerous to assume that this would be the case. There are recent cases that suggest this does not happen. Failure to comply with the court's directions may result in costs orders being made against you whether you are a litigant in person or represented.

Tamatave2000 · 17/03/2018 05:17

To Collaborate

In my case Ex had 2 cost orders against when they missed deadlines when they were being represented, but seemed more tolerant when Ex self represented part way through the proceedings?

Seemed to a big difference of opinion as to who should pay Legal costs. I was happy to cover my Ex's legal costs under a LSO as long as it was considered part of the settlement as my advisors thought is might help to speed up the process and result in a lower final legal cost. However, in all three MPS hearings the Judges did not agree as Ex had assets of their own which could be used to cover their costs and it was Ex who was applicant.

Original poster
Missbarrburrito · 19/03/2018 21:54

Hi. It went better than I thought. My ex also turned up on his own,no solicitor so that eased my nerves. He never sent his form e to the court and he just handed it to the judge when he asked for it, the judge didnt look best pleased!

We Went To Court because my ex wants his name off our joi t mortgage on the home me and my children live in (which is fair enough) however my point to the judge was though I also want to move homes also, at the moment my financial situation makes it difficult as im not yet working. There is nothing suitable for us in our area and the houses in thus area at tge minute are being sold as soon as they are put On the market, which if that happens to my House il be rushed into moving out, and I dont want that.

So the judge said we will need another hearing but would like us to try abd come to an agreement beforehand.

OP posts:
Tamatave2000 · 20/03/2018 04:47

To OP,

Did Judge mot make any suggestions at all other than another hearing is required. If another hearing is scheduled due to your Ex not being prepared maybe your ex should pay the wasted court costs?

Keep records of what happens as if you end up at a Final Hearing that is when the subject of costs can be raised.

Collaborate · 20/03/2018 07:46

If another hearing is scheduled due to your Ex not being prepared maybe your ex should pay the wasted court costs?

There are no wasted costs. Neither party was represented.

MrsBertBibby · 22/03/2018 08:25

Well, OP could have claimed costs at LiP rates, plus travel expenses.

Collaborate · 22/03/2018 10:25

Well, OP could have claimed costs at LiP rates, plus travel expenses.

I'm happy to stand corrected, and a little more informed than I was yesterday.

So a LiP can claim £19 an hour, or a greater sum if financial loss can be proved. So if someone loses work (which cannot be done at a later date) they could claim for that, subject to a maximum of what would have been claimed had a solicitor been instructed.

Original poster
Missbarrburrito · 22/03/2018 11:11

collaborate you have helped me so much the past few weeks, your advice is greatly appreciated. You put my mind at rest before the hearing and made me more clued up on what was going on.
Thank you.

OP posts:
Tamatave2000 · 22/03/2018 11:19

What is LiP exactly?