No exchange Form E

[CoffeeAndWifi]

The deadline for submitting Form E was last week. I submitted my paperwork a couple of days early and gave a copy to XH at the same time as we were in court anyway about the dc and I didn’t want him to say he didn't receive it.

I have emailed him twice about it, once before the deadline to sort out an exchange date and once after the deadline had passed to ask when I would be receiving his. He has completely ignored me. I’ve phoned the court and they don’t have his form e on record.

What is likely to happen if he submits very late or doesn’t submit at all and is there anything I can do? Will I be able to resubmit an amended form E as I’ve had some additional expenses since I completed the original?

The first thing to do is write to the court, and express concern that you may not have enough time to consider your position and prepare questionnaire etc before the first appointment. The judge may choose to do something about it, but at least you've drawn it to the court's attention.

To OP. My ex had not completed their Form E before the FDA. Judge adjourned the hearing and issued a cost order to ex to cover my wasted legal costs. 3 MPS also resulted in cost orders in my favour too as Ex was pleading poverty and making ridiculous demands even though at time I was paying all housing costs, two cars (Porsche 4X4 and BMW Z4) and all of my Stepdaughters Uni costs. Ex who was working paid zero. Cost order also issued for Final hearing too as Ex's Form E was not seen until the day of the Final Hearing! How her solicitor allowed that to happen I will never know. So don't be afraid if you ex is a time waster. The Courts have the power to issue cost orders if one partner is being obstructive and dragging their feet.

Thanks for the info.

He has now emailed to say he would like to exchange with me but he hasn’t received my documents - I was under the impression that the documents go to court to prove the contents of form e and that we just exchange the form itself? Is this wrong?

I have filed original documents so don’t have them for XH at this point.

You have to enclose the documents with the form E when you serve them. Have you not even kept a copy for yourself? You'll have to contact the court and pay for them to copy your documents.

Thanks @Collaborate. My mistake. A lot of the documents are printed from online accounts so I can get those to him. Some are originals so I will have to request those. Damn! I thought I was doing well with this

Spoke to court and this is going to be an absolute nightmare to resolve abd it’s going to cost me a fortune! I used online guides to complete the form but at no point did it clarify that I had to send three copies of everything and serve him with documents too.

Will I be deemed to have missed the deadline too as I didn’t file correctly? He has had my form e since before the deadline.

I’m so worried now

I’m so worried now

Sounds as though you did not miss the deadline, but submitted fewer copies than was required. Have you received copy of your Ex's Form E and supporting documents?

Form E and documents are meant to be exchanged simultaneously. Logic is that it prevents one Party from changing their Form E after seeing their Ex's answers. To quote my solicitor "to prevent them from being able to tailor their lies"

Good luck

You don't send extra sets to Court.

Form E plus attachments to Court, keep a set for yourself, and send a set to him.

The Form E itself says You must attach documents to the form where they are specifically sought and you may attach other documents where it is necessary to explain or clarify any of the information that you give.
The guidance states You should not attach original documents but keep them available for inspection by the other party and the court.

I suppose it's a bit ambiguous, but what's done is done.

Thanks for the advice all.

I haven’t yet received XH’s form E or documents. He’s saying Friday and I’ve said by Friday for the documents I have with copies of the originals to follow.

When I spoke to the central court divorce line, they told me I should have submitted 3 copies to court. I had assumed the court would want originals as it’s an official service, like the passport service. Anyway, I’ve emailed court directly, marked urgent, to make them aware so hopefully they will respond ASAP. I’ve had my pension CEV back as well so needed to send that too.

I realise now that it’s necessary, but I really don’t like the fact that XH has a set of bank statements so he can see exactly how I spend my money. I have nothing to hide and I’m quite responsible with money but he will find fault regardless. He is very critical of everything I do and does not seem to understand that if I suffer financially, so do the children. He keeps reporting me for benefits violations even though everything I get is claimed legitimately. I was worried about letting him have Form E before I’d seen his, but I knew he would try to claim he hadn’t received it and I’m already prepared for the fact that he’ll lie through his teeth on his.

This whole thing is making me feel even less able to handle this as a LiP but it’s my only choice.

To OP

Your ex will have to submit 12 months of bank statements or more if so directed at FDA. If ex drags his feet with Form E and does not provide the necessary disclosure it will go against him.

Top marks for being LIP at Final Hearing, but don’t assume the courts will relax the rules for LIP. No restrictions on what questions can be asked by counsel and judge.

Good luck. Based on my divorce I would say honesty is best policy. Did not take long for my Barrister and Judge to rumble my ex. Form E produced on day of Final Hearing which almost a duplicate of my own Form E. Disclosure as ordered at FDA not provided. Basically a shambles.

Well, Friday came and went and I've still not received his form e. I’ve emailed the court to let them know. I’ve actually had to change some info on my form e due to changes in documents but I won’t be giving him this until he exchanges although I’m concerned that he has no intention of doing so at this point.

although I’m concerned that he has no intention of doing so at this point

It will go against him if he does not comply with the Court Procedures. Form E and the associated supporting Documents is probably the most important document the courts will want to see. If your Ex does not provide the Court have powers to award you your costs for time wasting (as happened in my case when Form E appeared on day of Final Hearing).

Sounds like you are doing things right and your ex is making trouble for himself.

Good luck

Still no sign of Form E from him and no response from court about the copies documents.

I’m now at the point I need to submit Form G and the chronology. I’m not sure what to say on it. Do I say I am unable to proceed with an FDR as I haven't received his Form E? Or something else?

Do I say I am unable to proceed with an FDR as I haven't received his Form E? Yes - the FDA should be adjourned. You should be reimbursed for out of pocket expenses (lost pay, travel costs etc).

To CoffeeAndWifi

My FDA was not adjourned even ex wife had not produced Form E. Nor was FDR adjourned in the absence of Form E. It eventually appeared on day of final hearing. However, that’s when the subject of legal costs was discussed. Most of my legal fees were subtracted from the settlement figure in basis that ex, although the applicant, had wasted time throughout.

Good luck at FDR. Mine was a shambles. Got maximum 10 minutes of judges time as opposed to the planned one hour. However, comments made by legal on another thread seem to suggest that FDR are booked at 3 per hour anyway. No way can judges listen to counsel, read the papers and make a meaningful recommendation in that time.

Only positive thing that can be said about FDR is that it is not binding.