When is the Form E normally due?

PaulAA_2

Hi all,

Appreciate if anyone could share a link to a timeline of a typical (amicable) divorce.

I'm being pressured to supply Form E in a few days time, and the petition has not been served to me yet.

Also not sure what's the "supply the form, or else" clause is.

Thank you.

19lottie82

OP you have been advised many times to source advice from wikivorce, if not a lawyer. Have you?

TBagpuss

Don't worry.
It's usual to try to supply a form E voluntarily - if you don't, or if they are impatient and feel that you have not done so fast enough, then they can issue an application for a financial order. If that happens, then the court will issue an automatic order requiring you both to file Forms E - usually you would have 8-10 weeks from the date the application was issued until the date you have have to file the Form E.

The only 'or else' is that if you don't file the Form E when the *court* orders you do, you could ultimately end up being ordered to pay some of your ex's costs.

I would suggest that you have a look at the Form E and then respond to your ex or her solicitor to tell them that you are in the process of filling out the Form E and roughly when you expect to be ready to exchange.

If you haven't seen a solicitor yet it would be sensible to do so, at least for some initial, general advice.

LilElvis

PaulAA wrote: »

Hi all,

Appreciate if anyone could share a link to a timeline of a typical (amicable) divorce.

I'm being pressured to supply Form E in a few days time, and the petition has not been served to me yet.

Also not sure what's the "supply the form, or else" clause is.

Thank you.

It's definitely time to seek proper legal advice. You know that your wife has instructed a solicitor and that she has ticked every box on the divorce petition regarding the financial settlement. Unless you want to lose out then you need to find your own solicitor before submitting anything. If it was "amicable" you would be sat round your dining table sorting the financial/property/possessions over a cup of tea. This isn't the case - she has saught professional advice and served papers on you.

Tigsteroonie

LilElvis wrote: »

It's definitely time to seek proper legal advice. You know that your wife has instructed a solicitor and that she has ticked every box on the divorce petition regarding the financial settlement. Unless you want to lose out then you need to find your own solicitor before submitting anything. If it was "amicable" you would be sat round your dining table sorting the financial/property/possessions over a cup of tea. This isn't the case - she has saught professional advice and served papers on you.

Just to point out, it is standard practice to tick all boxes. That way you leave the door open to any and potentially all types of financial remedy - if you don't tick the boxes, it's very tricky to get them considered at a later date.

Just because one side has a solicitor doesn't mean that the other must have one (I didn't). But you do have to have a relatively good grasp of divorce law, and one heck of a back up team on Wikivorce to answer those questions that you can't sort yourself

LilElvis

Tigsteroonie wrote: »

Just to point out, it is standard practice to tick all boxes. That way you leave the door open to any and potentially all types of financial remedy - if you don't tick the boxes, it's very tricky to get them considered at a later date.

Just because one side has a solicitor doesn't mean that the other must have one (I didn't). But you do have to have a relatively good grasp of divorce law, and one heck of a back up team on Wikivorce to answer those questions that you can't sort yourself

I don't know if you've read the OPs other threads, but his wife filed for divorce (after consulting a solicitor) whilst still remaining in the marital home and seeking joint counselling. Whilst the OP wishes to salvage the relationship she is adamant that she wishes to proceed with the divorce, but she has also said that they can continue their relationship post divorce if he "changes". This sounds very far from amicable to me - more like a situation of enormous contradictions. Given what the OP has previously posted about the relationship at this point I believe that seeking impartial, practical advice is in his best interests.

PaulAA_2

TBagpuss wrote: »

Don't worry.
It's usual to try to supply a form E voluntarily - if you don't, or if they are impatient and feel that you have not done so fast enough, then they can issue an application for a financial order. If that happens, then the court will issue an automatic order requiring you both to file Forms E - usually you would have 8-10 weeks from the date the application was issued until the date you have have to file the Form E.

The only 'or else' is that if you don't file the Form E when the *court* orders you do, you could ultimately end up being ordered to pay some of your ex's costs.

I would suggest that you have a look at the Form E and then respond to your ex or her solicitor to tell them that you are in the process of filling out the Form E and roughly when you expect to be ready to exchange.

If you haven't seen a solicitor yet it would be sensible to do so, at least for some initial, general advice.

Thank you. I am engaged with a solicitor who unfortunately was not available today.

PaulAA_2

LilElvis wrote: »

I don't know if you've read the OPs other threads, but his wife filed for divorce (after consulting a solicitor) whilst still remaining in the marital home and seeking joint counselling. Whilst the OP wishes to salvage the relationship she is adamant that she wishes to proceed with the divorce, but she has also said that they can continue their relationship post divorce if he "changes". This sounds very far from amicable to me - more like a situation of enormous contradictions. Given what the OP has previously posted about the relationship at this point I believe that seeking impartial, practical advice is in his best interests.

Spoiler alert: this would otherwise make a great sitcom plot, wouldn't it? Thanks for defusing the situation, I do need that portion of humour!