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Divorce and Form E

3 replies

whatdoyouallthink · 26/05/2010 11:05

In middle of divorce proceedings, H's solicitor asked for voluntary financial disclosure by way of Form E some 8 months ago and forms to be exchanged at mediation.

I have completed mine and we had a initial mediation session just to see what we wanted out of it. Have sent my Form E to mediation company so mediation can continue.

My H however is not filling his one in. Have been back to solicitor and she says I just have to wait for him to complete it before any financial settlement can be agreed.

I have asked and asked him to do it, my solicitor has written to his who in turn has written to him and asked for it to be completed and still not getting anywhere.

Do I have to just sit and wait for him to eventually fill this in or is there some other way round it? We have decree nisi and are just waiting to get financial settlement in place so can apply for decree absolute.

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prh47bridge · 26/05/2010 11:54

If he continues to refuse you will have to make an application to the courts for "ancillary relief" (a financial settlement). The courts can then compel him to provide the required details. This doesn't stop you from agreeing the settlement between you once he has provided the information.

This is a last resort as it will significantly increase legal costs, thereby reducing the amount available to be shared between you. However, if he won't make a financial disclosure you will have no choice.

mumblechum · 26/05/2010 11:57

Agree with ph47. Your solicitor should say that unless he provides Form E within 14 days you'll lodge your form a.

whatdoyouallthink · 26/05/2010 16:16

Thank you both for taking time to answer...guess it back to talk to solicitor if he doesnt fill it in this time round.

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