Questionnaire - Form E

Hi there,
Ex has sent her form E. There are are missing payslips, missing statements between certain periods, calculations (outgoing) are calculated incorrectly, Pension Statement missing, and contradictions in different parts of the Form E i.e. I can't pay the mortgage, whilst in the other section, she has asked for the matrimonial house to be transferred to her name (leaving it to imagination as to how she could afford the mortgage). She has claimed previously that she is behind paying council tax and utilities, (as I don't live in the house any more) but then there is no clear entry to show that she is paying the council tax / utilities as I suspect her parents (being rich) are helping her out , and she has not disclosed this.

Another element of her Form E, is that she is put lots of commentaries about my conduct i.e. accusing me of abuse.

The question I have is: How do I address the commentary elements of her comments in various sections of the Form E in the questionnaire? i.e. can I say that I refute her false allegations? Shall I not address at all and only focus on finance / figures elements? Shall I ask for proof? how should I approach this , what should be the best way to address / refute / deny / whatever the word is , her commentary sections? Thank you.

You need to raise a questionnaire and request for further information. The questions should be asked in the order of the sections in Form E.
Using the section numbers at the start of each question, set out your requests for missing statements, queries about specific transactions etc.
Whilst it is tempting to challenge her narrative, it's worth remembering that conduct is very rarely considered,; the first consideration is always needs. The simple way to deal with it is to ask whether she intends to run a conduct case. She will have to ask the judge to permit this. If she is allowed to put in a conduct statement, you will be given the opportunity to provide a statement in response.
If you need help with any of this you could consider talking to one of our divorce consultants who specialises in supporting litigants in person through the court process.

Hadenoughnow

Thank you Hadenoughnow.
Thank you for your good advice. I am not sure , though, if I want to ask her if she intends to run a conduct case. As this may give her an idea to do so.

Whilst I understand that the general guidance is to avoid confrontation or as you put it tempting to challenge her narrative, however, I find it extremely difficult to believe that by reading negative stuff about someone, one will not be influenced somewhat. After all, judges are humans too.
I suppose, I can avoid challenging it directly, but question her credibility , in a nuance language.

I must say that the Form E is full of lies and miscalculations, and mis representation and contradiction. I am finding it difficult to accurately question anything as lots of statements are missing as well. I will ask so the missing statements are sent across, then I also miss the opportunity to put my questions in this instance. I assume, I will be given another opportunity due to missing statements / payslips?

Further, this is costing me money , however, is not costing the other side, at all, as litigate in person.

can I ask the judge in this adjourned first hearing to rule to order sell of the house?

First hearing was ineffective, as whilst I prepared my Form E and all that , fine, the other side failed to do so, and got a penal notice for it.

Thank you

My advice would be to ask the conduct case question. It's the best way to nip it in the bud. Then ask the judge to rule at First Hearing that it isn't. If they do allow a conduct statement they will give you the opportunity to refute her allegations - and in any case it is very unlikely conduct, even if proved, will make a difference if it's a needs case.

If you are asking for missing statements etc, note in your question that you reserve the right to raise further questions when they are provided.

Update the chronology to show she is not complying and consider asking for a costs order if her failure to disclose means you cannot have an effective FDR.

Hadenoughnow