Form e

[ivegotthisyeah]

Currently going through a divorce and my solicitor has asked me to complete a form e which I have already done for failed mediation but understand I have to complete another one. I am petrified of missing something off I've got a template from the internet but it's impossible to know what future cost are for my three children they are all under 8 and the moment. Also do I put on the form what I actually want from my exh or is that what the solicitor should battle out for me. Back ground info three small kids married for ten years he's the high earner I work part time at youngest is a baby. So I don't want to myself and the kids short currently living hand to mouth. Thanks in advance

Maintenance for the Children is more of a CMS procedure rather than the Courts. Best to apply to the CMS as soon as you can. It will cost 20 pounds, but it is worth it as it is binding. Before you call them have to hand information about husband such as; full name, date of birth, address, place of work, name of employer, earnings if known and ideally his National Insurance number.

There is an online calculator that can be used for Child Maintenance. Divide your Husband's annual earnings by 365 then multiply by 7 to get the gross weekly amount. Other details to enter are the number of nights children will stay with their father. If more than 52 nights per year (average one night per week) the Child Maintenance will be reduced.

If you are applying for Spousal Maintenance then you will need to prepare a budget for all essential needs such as; housing, council tax, utilities, food, clothing, etc. Add it all up and then subtract your own income. The difference will be the Spousal Maintenance you apply for.

Sounds simple, but in reality Spousal Maintenance is a complicated subject as unlike Child Maintenance there is no defined formula. Courts will take many factors into account when deciding whether or not Spousal Maintenance is applicable.

If after your husband has paid for his own needs and the child maintenance he has little or no disposable income Court are likely not to award Spousal Maintenance as plunging one partner into difficulty/hardship for the benefit of the other would be considered unfair.

If Spousal Maintenance is awarded it may only be till the youngest child reaches 7 as there was a ruling in 2015 that once children are aged 7 and over it is possible for the parent with care to find a part time job.

If you are struggling at the moment ask your solicitor about a MPS (Maintenance Pending Suit). This is a Court procedure that enables the Courts to make an interim order for maintenance to tide people over until the Financial Settlement has been agreed or ordered by the Courts.

Hope you can settle amicably as if one or both partners turn the Divorce into a contest the Legal costs can spiral rapidly and there will less at the end to divide between the two partners.

Good luck.

Missedtheboatagain hasn't given you the best advice I'm afraid.

By all means apply to CMS, but when completing the Form E income needs/expenditure section (3.1.1 and 3.1.2), just complete the current cost section and only complete the future cost section with a different figure if you are aware that the cost will be greater in the future, eg school fees will increase, or there will be child care costs. Otherwise just repeat the same figure as is in the current cost section. Ask your solicitor for guidance if you're still unsure.

If you are applying for Spousal Maintenance then you will need to prepare a budget for all essential needs such as; housing, council tax, utilities, food, clothing, etc. Add it all up and then subtract your own income. The difference will be the Spousal Maintenance you apply for.

This is misleading. You put everything in your list of expenditure, not just the essentials. Include holidays, car depreciation, house maintenance, pension etc.

If after your husband has paid for his own needs and the child maintenance he has little or no disposable income Court are likely not to award Spousal Maintenance as plunging one partner into difficulty/hardship for the benefit of the other would be considered unfair.
Again misleading. The court will determine what needs are reasonable, and often there is not enough to go round so the pain has to be shared.

Missedtheboatagain is not a lawyer. He has gone through a divorce and mentioned his experiences on this board, but beyond that he has no legal qualifications or experience. Unfortunately that does not stop him confidently offering his opinion as advice.

Missedtheboatagain is not a lawyer

True. Maybe next time I should start post with:

This is based on my own experience. However, seek professional advice as no two Divorces are the same.

To OP

Don't worry about the Form E. If your solicitor is any good they will know what you can realistically include on the Form for future expenditure and should proof read it before it is submitted to check whether or not you are selling yourself short of making unrealistic demands.

If you and your Husband are open and upfront with the Form E and provide full disclosure of; earnings, assets, pensions, etc. Then two good solicitors should be able to work out a deal that is fair to both. However, if one or both of you turn the Divorce into a contest and it ends up in the Courts the costs can rise rapidly as happened in my case.

Ex made it a contest and I have suspicions that she was encouraged by her Solicitors to go all the way to a Final Hearing even though there had already been 3 cost orders awarded in my favour. Reason I say that is my own solicitor said from the beginning that as Ex was applicant for the Financial Settlement her Solicitors would want it to go to a Final Hearing to maximize their Fees.

Good luck

Thank you for your replies

To OP

Hopefully this is an extreme case, but is an example of how not trying to settle amicably can have disastrous consequences.

www.forbessolicitors.co.uk/news/display/23219/as-divorce-costs-spiral-out-of-control-fixed-fee-lawyers-become-the-sensible-choice

Relates to a case where a couple whose assets were Approx. £2.9 Million were charged £920,000 in Fees.

More fool the couple for not settling amicably 50:50 and walking away with almost £1.5 Million each.