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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Failure to provide form E?

  • Helpmenot
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06 Oct 24 #524302 by Helpmenot
Topic started by Helpmenot
I am self representing in my application for a financial order with my divorce.

My first hearing was Adjourned due to the respondent not providing me with form E etc.

I was able to get a penal notice issued and personally served on the respondent to provide form E.

The respondent has emailed me providing a family members address of the respondent stating I should collect all paperwork from this address.
The respondents family member lives in another town to me I am not on good terms with them.
I am not anywhere near the area for weeks.

my question is - will the court take a dim view if I do not go and collect the paperwork from this address?

or is the burden on the respondent to provide the paperwork?
I am Eligible from today date to apply to enforce the penal notice as it's not received.

I have provided the respondent with an email address and a postal address to send the paperwork to but they have repeatedly refused and said I should collect the paperwork - with a home made document to sign to say I received.

Any advice on how to handle the demand that the paperwork be collected please....

  • WYSPECIAL
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06 Oct 24 - 06 Oct 24 #524306 by WYSPECIAL
Reply from WYSPECIAL
Presumably they are self representing too?

I would reply to the email stating that I wasn’t able, or prepared to collect the documents and it is their responsibility to get them to you and that if you don’t receive them within xxx days you will refer the matter back to the court. If you have a postal address send it via Royal Mail as well.

7 days should be plenty but maybe you are more generous and will put 10.

This sounds like controlling behaviour from your ex.
Last edit: 06 Oct 24 by WYSPECIAL.

  • Helpmenot
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06 Oct 24 #524307 by Helpmenot
Reply from Helpmenot
Thank you for your advice.

Correct, they are self representing too.

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