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Form E
- Thread starter capa
- Start date
As far as I have researched you get the whole shebang... so all their bank statements etc too (or at least your solictors would get them and then raise their queries)
My partner is about to embark on the Form E journey and when I did it myself during my divorce I was supplied with all ex's bank statements etc
My partner is about to embark on the Form E journey and when I did it myself during my divorce I was supplied with all ex's bank statements etc
they are also meant to be exchanged simultaneously - a bit like buying a house - so neither party has opportunity to redact or change anything!
Thanks, I wasn't sure exactly what was to be exchanged, but it bodes well for me if you get the lot, it's been along time coming but tbh I'm relishing the fact my stbx has now got to come to the party after months of ignoring letters where I e asked to cement her proposals for the finances
The simultaneous exchange is one area where I think she will purposely delay, seen a few stories of that incident but nonetheless, I'm in a fortunate position to know more about stbx's finances then she does of mine and already have future expenditure and income worked out for the next 12 months
If you are using a lawyer - then they would only send the documents and supporting evidence to the other party or the other parties lawyer when they have already confirmed they are ready to exchange! SO it would be hard to know how she can stall any further at that point or try to get advance visibility of yours before she hands over hers... Or at least thats how I understand it to work!
In a similar situation with my partner too! He has been invited to voluntarily do a Form E... His Ex is under the rather disillusioned belief he has a shed load of cash in the bank, and assets coming out of his ears and despite keeping the whole house and all its contents seemingly wants more out of him and doesnt believe him when he told her his current salary (she wrongly assumes its much MUCH higher)... so I would love to be a fly on the wall when that pile of doo doo lands on her lap! She is going to go apoplectic.
If you have made a court application the hearing notice will state what the court requires and dates to file and serve/exchange.
I had to exchange form e on a certain date along with 12 months bank statements and pension statement. The hearing notice also stated when to file and serve questionnaires in relation to the form e.
My ex was represented but I always wait for them to serve me with their documents before I reciprocate. If they don't send you anything, send to the court (file) and wait for them to agree a date to exchange.
Along with what has already been said; the form E information will be discussed at the first financial hearing, (assuming you are going down the court route), then you get a couple of weeks or so to draft a questionnaire for anything in the stbx's details you want to query. The court will specify a timetable for this. However, due to issues out of my control, our questionnaires were not exchanged in the timeframe given, and so far there have not been any repercussions, (court case ongoing). As there will be several months between 1st and second hearing, you then have to submit updated bank statements etc. a couple of weeks or so before the next hearing.
Hey @capa did you make sure the Solicitors positioned your future needs properly on the Form E and explained their thinking process and implications to your satisfaction?
Have a look at 5.1 and 5.2 of this:
www.gov.uk
It is basically form e for unmarried couples and gives a breakdown of categories to get you started. It would be best not to under represent your outgoings. Include everything possible, even if not listed as a category.
For 3.2, my reading is to list any expenditure that would stop if you had no children. Things that are specifically and exclusively for the kid(s) and would not form a part of your outgoings if you were childless.
On exchange
In my proceedings the date was not for exchange, it was a date by which I should approach the other side to agree date of exchange. The exchange should be simultaneous.
Financial statement for a financial remedy in the family court or High Court: Form E1
Complete this form only if you are applying for a financial remedy other than, for example, a financial order or financial relief after an overseas divorce or dissolution in the family court or High Court.
It is basically form e for unmarried couples and gives a breakdown of categories to get you started. It would be best not to under represent your outgoings. Include everything possible, even if not listed as a category.
For 3.2, my reading is to list any expenditure that would stop if you had no children. Things that are specifically and exclusively for the kid(s) and would not form a part of your outgoings if you were childless.
On exchange
In my proceedings the date was not for exchange, it was a date by which I should approach the other side to agree date of exchange. The exchange should be simultaneous.
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Yes, it is form E1, the equivalent form for separating/ed couples that were not married. The categories should help with listing your income needs. Capital needs are a separate section. But, they are both divided into stuff for you, and stuff for the kid(s). I think I should have written for the second part of 3.1 and of 3.2. Rather than "For 3.2." Apologies for my confusion.
There are articles on income needs vs capital needs if you google.
I am not an expert. Just sharing from my experience.
There are articles on income needs vs capital needs if you google.
I am not an expert. Just sharing from my experience.
Hi @capa ,
Generally speaking exchange should follow what is laid out in the order.
In most cases, there isn't really any penalization of parties who breach these guidelines by a day or two here.
My STBX failed to exchange statements & breached by a full 3 weeks in Childcare proceedings, court just shrugged it off.
You will want to be whiter than white however, so if the date arrives, be ready & let them know you are ready.
It will look better on you as that then shows they are causing the delays & not yourself.
I am in this latter position now, having passed the exchange date, neither party spoke up but they did so first a few days later.
This will just be another stone for them to add to the pile, throw enough stones, you eventually hit something.
Generally speaking exchange should follow what is laid out in the order.
In most cases, there isn't really any penalization of parties who breach these guidelines by a day or two here.
My STBX failed to exchange statements & breached by a full 3 weeks in Childcare proceedings, court just shrugged it off.
You will want to be whiter than white however, so if the date arrives, be ready & let them know you are ready.
It will look better on you as that then shows they are causing the delays & not yourself.
I am in this latter position now, having passed the exchange date, neither party spoke up but they did so first a few days later.
This will just be another stone for them to add to the pile, throw enough stones, you eventually hit something.
Question,my ES 1 and 2 are complete for myself and as of yet not completed for stbx, as no form E has been filed. My solicitor has sent them for my approval will this mean they will be sent to stbx even though her I formation is not there? Or is it an exercise to tick to say yes I approve and now let's wait for her details before filing/submission?