Hi, my ex wife has started proceedings for a financial remedy order. I’ll be representing myself. According to the court papers I need to send in my form E(financial disclosure) to the court and simultaneously exchange form E’s with my ex. The form requires me to provide bank statements etc for the last 12 months. Do I have to exchange these with my ex as well or just the form E? To me it’s seems like a way of invading my privacy at no cost to her. She has falsely accused me of being abusive to get legal aid.
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Financial remedy order
- Thread starter Itsallgood
- Start date
Simple answer - yes.
All Form E entries have to be supported by all documents pertaining to each Section eg credit card statements, pension value, etc etc.
SS.
All Form E entries have to be supported by all documents pertaining to each Section eg credit card statements, pension value, etc etc.
SS.
Thank you for the reply, much appreciated. My ex has initiated this financial remedy order although I have been trying to get a financial order in place since the marriage broke down 2 years ago. She would stall and never cooperate even though what I agreed was generous. What options do I have of getting one in place? Or would what she is applying for be it but on her terms? Hopefully that makes sense.
Ok: you are where you are, a FRO will lead to an Order being made, either before the Final Hearing through Consent or by a Judge if no agrement is reached prior to then.
If it goes all the way there will be 3 Court attendences. The first will be to check each party has complied with disclosure and set Directions based on the Disclosures for #2 appearance. It's usual for this Court appointment to be vacated - Directions for #2 are fairly standard eg timetable to answer queries arising on Disclosures, witness statement deadline, etc. So agreement (on the above) is made before #1 Court date and the parties prepare for #2 appearance - probably a 4-6 month time frame beyond.
At #2 appearance this is where all parties *should* work to an agreement being reached. Usually a 60 minute Hearing, both sides present positions and arguments and the Judge gives indications as to how, if this was #3 (the Final Hearing), he/she would adjudicate. These indications are crucial since they guide the parties in on-the-day negotiations that take place intensively after #2 Hearing - the expectation is that the Judge will be given a Heads of Agreement document before the day is done.
If this happens, and it does happen in more than half of all FRO cases, no Final Hearing is necessary and the parties are obliged to act on the HoA - selling FMH, pension division, etc, etc - enacting the requirements of the HoA until complete.
If negotiations fall through at #2 it will be Final Hearing and the Judge's decision that binds both parties' future financial provision.
I wrote above about #2 Judge - made indications being crucial. These will also be nuanced and your understanding of these indications in both contexts is crucial to not being fleeced through negotiations.
Having been through both CAO and FRO proceedings I am of the very firm view that representation for Financials is essential. Yes, it comes at a cost, but consider it to be an investment - I personally came out of the FRO process much better off than I would have been as a LIP. Financials are technical and require professional insight, Child Arrangement processes are emotionally led and therefore moderately straightforward - if you remove the emotion, think straight, don't take the endless bait and stay child focused.
What are the costs? To pass #1 Hearing, between £5-£7k. To get to HoA after #2 Hearing, between £10-£13k. If it goes all the way to #3 (Final Hearing) the total is probably £30k.
I can try to help with Q's arising from the above and other related matters, fire away and I'll do my best.
SS.
If it goes all the way there will be 3 Court attendences. The first will be to check each party has complied with disclosure and set Directions based on the Disclosures for #2 appearance. It's usual for this Court appointment to be vacated - Directions for #2 are fairly standard eg timetable to answer queries arising on Disclosures, witness statement deadline, etc. So agreement (on the above) is made before #1 Court date and the parties prepare for #2 appearance - probably a 4-6 month time frame beyond.
At #2 appearance this is where all parties *should* work to an agreement being reached. Usually a 60 minute Hearing, both sides present positions and arguments and the Judge gives indications as to how, if this was #3 (the Final Hearing), he/she would adjudicate. These indications are crucial since they guide the parties in on-the-day negotiations that take place intensively after #2 Hearing - the expectation is that the Judge will be given a Heads of Agreement document before the day is done.
If this happens, and it does happen in more than half of all FRO cases, no Final Hearing is necessary and the parties are obliged to act on the HoA - selling FMH, pension division, etc, etc - enacting the requirements of the HoA until complete.
If negotiations fall through at #2 it will be Final Hearing and the Judge's decision that binds both parties' future financial provision.
I wrote above about #2 Judge - made indications being crucial. These will also be nuanced and your understanding of these indications in both contexts is crucial to not being fleeced through negotiations.
Having been through both CAO and FRO proceedings I am of the very firm view that representation for Financials is essential. Yes, it comes at a cost, but consider it to be an investment - I personally came out of the FRO process much better off than I would have been as a LIP. Financials are technical and require professional insight, Child Arrangement processes are emotionally led and therefore moderately straightforward - if you remove the emotion, think straight, don't take the endless bait and stay child focused.
What are the costs? To pass #1 Hearing, between £5-£7k. To get to HoA after #2 Hearing, between £10-£13k. If it goes all the way to #3 (Final Hearing) the total is probably £30k.
I can try to help with Q's arising from the above and other related matters, fire away and I'll do my best.
SS.
Thanks for sharing the above @StayStrong.
It's very useful for @Itsallgood & others like myself who are eventually going to have to embark on a similar path.
It would be good to put this in the resources section - are you okay if I cut & paste it to do that?
It's very useful for @Itsallgood & others like myself who are eventually going to have to embark on a similar path.
It would be good to put this in the resources section - are you okay if I cut & paste it to do that?
Yep, eye watering sums!
I’m in a similar position, we were supposed to have disclosed our Form E to the courts and swapped on 26th Sept but I’ve heard nothing from the ex other than her saying “just email it over.” I don’t know whether she’s submitted hers to the court or not but she’s certainly not being cooperative in exchanging. I’ve provided my solicitors details to her and still nothing!
I eventually proceeded to just submitting my Form E to the courts and still await to hear from her.
Anyone else been in this similar situation?
I’m in a similar position, we were supposed to have disclosed our Form E to the courts and swapped on 26th Sept but I’ve heard nothing from the ex other than her saying “just email it over.” I don’t know whether she’s submitted hers to the court or not but she’s certainly not being cooperative in exchanging. I’ve provided my solicitors details to her and still nothing!
I eventually proceeded to just submitting my Form E to the courts and still await to hear from her.
Anyone else been in this similar situation?