Financial statement for court

dipsy

Bare with me, I am not sure if I am asking the right questions.

Asking on behalf of a friend.

when filling in the Form E (financial disclosure) for court do you have to disclose pensions that were given to you in a previous divorce. i.e. a pension sharing order from a previous marriage?

If you become emotional as oppose to factual (as in saying I only had one holiday, they shopped on Ebay for stuff, they went shopping and bought vodka, cigs and useless stuff), does this go in your favour and strengthen your case or weaken your position?

If you state that the person has more than 1 harassment order against them, and they have none, what happens to the person stating this - bearing in mind they have signed to say they are telling the truth.

what if that person (the person that is supposed to have an harassment order, but doesn't), presents an up to date CRB Check, done within 2 weeks of court date, does this mean the other person, the one stating they had and signed to say they were being truthful, would be in bother?

thanks in advance

InsideInsurance

Yes pensions need to go into the pension section

Not sure where you are proposing to put you only had 1 holiday a year or that you are buying vodka etc? The form asks for what your life was like previously -v- what you feel you need now and why.

Ultimately court always depends on the luck of what judge you get and one judge can be very different to the next on what they sympathise with etc. As a rule of thumb, saying you need an extra £10,000 a year because you've become an alcoholic since the split I'd say isnt going to go down to well.

The form asks for the court details of any other court cases. They wouldnt need a CRB presented for the court to know any "harassment orders" were false as a quick check of the given references would establish that.

It would be up to the judge in question if they felt it necessary for a contempt of court or such for providing false testimony or if simply skewing the settlement infavour of the other party due to the lack of trust worthy information from the other is sufficient.

dipsy

my friend is not holding back on anything, however the other party is the one leaving out a pension share which came from another marriage, (my friend has a copy of paperwork to back up it's existence)

the other party is the one saying "I only had one holiday and that was to a caravan", my friend said I can prove we went to Egypt 4 times, I said don't go there, this is supposed to be a financial document nothing more.

It is the other party that says my friend has "another" harassment order out on them, a lie and backed up with evidence.

I really don't know what they, other person, is playing at lying, withholding documents etc.....

any advice welcomed, btw this is not me I am talking about, I got divorced 14 years ago and it was all done without drama

dipsy

right more advice needed please

(just to clear up any confusion, my friend (petitioner) was not the one who ended the marriage, but when it became obvious their spouse (Responder) was cheating they then filed for divorce)

New form arrived from responder

Requesting more info, including last 3 payslips, the only one to add is Feb 14 as the others have already been submitted.

copies of various bank statements, again already provided.

A statement to confirm the date the split up is **/**/**

Out by over a month and a half and the bank statements show that after the date they are saying it was over many bills were paid for their car, bills, etc etc.

basically they have stated that they can't attend the first hearing on the ** of March as they need this information before they can have a chance to resolve the money matters.

this was dated 11/03, received yesterday (13/3), court date is 27/03, all evidence gathered yesterday (13/03) and is being submitted to the solicitor.

How many time can a respondent get out of attending court as obviously this is costing the petitioner each time.

Surely you can't just keep submitting forms asking for more info to drag it out?

thanks in advance

Tigsteroonie

It is quite usual for items to be 'omitted' from the Form E exchange, it'd be a rare case where both sides include everything and nothing is questioned!

However, standard procedure is to receive the other side's Form E and then draw up and exchange three documents ready for the First Hearing - a brief Chronology, a Questionnaire about the other side's Form E, and a Statement of Issues. You also have to advise the Court and the other side as to whether you think you are in a position to negotiate (done on Form G), and the common answer would be "No because full disclosure has not been made".

The two parties attend Court for the First Hearing, and the Judge decides what on the Questionnaires need to be addressed, s/he can throw out frivolous questions. Those missing elements should then be provided by each side ahead of/at the Financial Dispute Resolution hearing (the negotiation).

So it sounds as though your friend has received the Statement of Issues (the holidays) and the Questionnaire (requesting more bank statements etc). This would be normal procedure. Your friend - or their solicitor - should be sending similar documents to the other side pointing out deficiencies, e.g. with the pension declaration.

I would suggest that you - or better still, your friend - get themselves onto the Wikivorce website & forum. The guides on the site will explain procedures better than I can; and the forum is a fantastic place for asking questions and getting comprehensive answers, as some of the posters are professionals.

dipsy

well it is still going on, they are back in court on 30/05

the other party has still not provided the paper work requested, i.e. up to date pension forecast, bank statements, pay slips

surely they can't continue to lie and it just go on and on?

Errata

What's the solicitor doing? They should be chasing this like a terrier after a rat. Further, if something is left out and the party swears to the judge they've declared everything they are committing perjury and the judge won't be pleased.

dipsy

the solicitor has requested the information and has said that basically they will put them on the stand if they drag it out to another court date and then will question them as to why they continue to lie

so frustrating the judge has the evidence and it is blatant that the other party is not providing information and lying, surely this cannot be allowed to carry on?

dipsy

update:

court on Friday

divorce costs awarded against the other party (one withholding information)

Order by the court to pay 15k over 4 years 4/4/4 and 3k

a court order put on the house to prevent them selling either house or land until 15k paid, unless the other party agrees

the divorce side of the bill will come with the absolute with think it was 60 days to pay

Something was said about until the 15K was paid they (the person with the order to pay) will not be allowed to remarry (not quite sure I understand that)

If they don't pay on time they will be charged 8% daily and if they continue to not pay the house will sold via a court order


sounds a bit of a mess tbh... but they are happy with the outcome

any advise/experience?