What's the cost of applying thro court for Form E, Financial Disclosure

[Frustratedandupset]

Hi All
I'm just finding my way through a divorce (I'm the respondent). His solicitor has asked me for 12 months worth of financial information but is saying he only has 6 months or so for his client. I believe this is because my stbxh has been off work sick for the first 6 months of applying for a divorce and so this will only show he has no income, just benefits. I am inclined to apply to the court for a Form E. Is this the way to do it and how much would it cost?
Anyone out there who has the answers? Very gratefully received.

you don't have to do what a solicitor requests. string it out for another 6 months so that the 12 months financial info he gives you will show a good income.

If you havent already, i would really push for12 months worth of info, with threat of application to court for form E, then if that doesnt work Yes IMO you will need a form E completed if your exh is being shifty about discolsing assets and earnings, as I think it's perhaps going to be harder to reach a decent settlement without it.. I successfully applied for one a few years ago but my application was under the chikdrens act not divorce, i dont know if it is easier to get one completed in cases of divorce . The judge used the form E in part to be avble to predict likely future earnings etc so it was quite helpful for that particular aspect as well as disclosure of all assets.

The hearing was quite expensive as I had to pay for a barrister plus prep plus solicitor. I cant remember how much for that hearing as we ended up having lots of trips to court, at least £500 just for barrister though.You might want to consider representing yourself at this hearing instead of having a barrister as it is not as important as other hearings like FDR, but if it were me my action plan would depend on how difficult it was likely to be to negotiate a reasonable settlement with your stbxh generally, and whether your solucitor thinks you will be succesful in your application for the form E.

Good luck

Ps have you tried posting in legal-replies there would undoubtedly be more helpful and well informed than mine!

Thanks v much for your help. I can't afford a solicitor so I will be representing myself (bit scary but it's something I'm just going to have to do). I didn't realise it's up to the judge as to whether or not my stbxh HAS to submit a form E. I will just keep plugging away with his solicitor until I get the 12 months info.
I've not tried legal but will do so as things get more complicated and more 'legal'.
Thank you so much for the help all.

If either of you issue an application at court for financial remedies then both have to provide financial disclosure on a form E. It sounds like your ex's solicitor is asking for voluntary disclosure. If you are being asked for 12 months worth, then you can ask for the same. You can download the Form E from the court service website together with explanatory notes if you would like to see what is actually required by the court. I'll try and find a link for you.

I did this when I'd waited for over a year for voluntary disclosure! You file Form A I think and pay about £300, the court then set the dates for full disclosure and the initial hearing and you both have to comply. I had a barrister because there was a lot of money at stake. At the second hearing I walked into court to a £100k offer and negotiated up to £120k and walked out smiling! This was the remainder of my share of the equity as ex had tried to get away with giving me as little as possible. Stressful but worth it. Once we had that resolved I could finally get the absolute.

smugmarried, I think the issue is that ex has had 'sick pay only' for the 6 months that he wants to declare - the 6 months before that, he was earning, but would prefer not to have that income taken into account . If he manages to remain on 'sick leave' until divorce has gone through, it's in OP's interests to get disclosure ASAP, to include as much as possible of his earning time. That's assuming that he hasn't genuinely encountered a life-changing illness that will mean he never works again...

Hi again. My sister is a family lawyer, she says more and more people are representing themselves in court these days due to the unaffordability (sp?) of solicitors' costs. In her experience judges are sympathetic to this situation, and generally very helpful. So try not to fret on that front. Hopefully your stbxh wont want to incur unnecessary legal fees either so will disclose finances under pressure from you without a court hearing. He may also get fed up being charged +/- £20 by his solicitor for every letter you send about it and fess up!