Form E exchange - glaring omissions and crypto

[jw3593]

Hi all,

I've exchanged Form E's with my ex and have worked out that there are numerous undisclosed accounts and there is approx £7-8k unaccounted for or moved out into accounts of ex's father or into their name...

There's also at least £2000 bought of Crypto, through Revolut...

So basically best part of £10,000 been moved about and under-reporting of a side hustle too.

Meanwhile, Ex has stated that to get a house with 1 less bedroom, that she requires an additional 100,000 IN CAPITAL for...that we don't have.

This is just a massive piss take. How do i proceed? I am engaged with Wikivorce who are v helpful but i cannot believe the cheek.

 

[Lester]

Im interested in this too, as my ex is a compulsive liar I would fully expect her form E to contain many errors. Sorry I can’t be a help OP. All I can say that I believe it’s a criminal offence to lie on form E, but from my experience mothers appear to be immune from the law.

 

[Jumper85]

It's not just mothers, there's very little consequence in small omissions from any party. There are multiple cases published by judge's where applicants and respondents have quite clearly lied and proven to be a liar which is perjury yet most courts/judge's don't pursue criminal prosecution however they do award costs to be paid for by the other party for wasting court time and generally it's taken into consideration in the settlement.

@jw3593 - where are you in the process is the main question;

• If you're looking to settle without legal proceedings then I'd be formally responding saying you don't believe or you're aware everything hasn't been disclosed and therefore unless it is, you'll be proceeding with financial remedy proceedings
• If you've commenced financial remedy proceedings, you have the ability to produce a questionnaire to the respondent and ask whatever questions you like about the disclosure and question specifically about monies missing
• If you're past the first hearing, the as part of the dispute resolution hearing log in your ES1 there is a section if you believe the other party hasn't fully disclosed however you MUST present what evidence you have. As part of the questionnaire, you could ask for the party to provide details of the crypto transaction and provide balances/statements of their crypto account. You can even estimate or put to the court what you believe is held in crypto

Hope that helps.

 

[jw3593]

We are currently at the initial phase and they have finally agreed to share Form Es...but as I say, it's a load of rubbish!



So am guessing I go back and go, this is definitely not correct. Can you share again, with disclosure of X and Y or we'll just go down the financial remedy route

 

[Jumper85]

We are currently at the initial phase and they have finally agreed to share Form Es...but as I say, it's a load of rubbish!



So am guessing I go back and go, this is definitely not correct. Can you share again, with disclosure of X and Y or we'll just go down the financial remedy route

Yeah, continue to pursue the formal financial remedy process and when you get to your next court hearing ensure you add to the documents, specific transactions or amounts that you're aware of that the ex has hidden or not declared.

 

[jw3593]

Yeah, continue to pursue the formal financial remedy process and when you get to your next court hearing ensure you add to the documents, specific transactions or amounts that you're aware of that the ex has hidden or not declared.

Thank you @Jumper85 - just looking over the statements in detail now and there's alot of crazy stuff - probs around 3k online shopping spend and £500 on takeaway food...

Plus budget needs listed as around £6.5k a month - we didn't even earn that together.

Where does it go from here? Is there even any point in calling this out?

 

[Jumper85]

The problem is with current spending the courts won't do much I'm afraid, the best thing you can do is argue that she's unnecessarily spending and therefore being frivolous and as a result, that should be deducted from what she is due. The challenge is, legal precedent has been set. There was a case in which a husband had spent thousands on prostitutes and drugs during separation and the courts still didn't do anything.

If you could argue it's an addiction and she's always been like that and therefore spent thousands and diminished the families assets, you could have an argument. A few questions;

• When was this money spent? Over what period?
• Who's money actually is it?

I'm assuming her budget of £6,500 monthly is what she is suggesting she needs moving forward? If so, all this can and should be challenged. The budget is on a needs basis, not a wants basis so the courts will challenge this themselves and arrive at a figure as to what they believe her needs are. It won't be anywhere near that figure if you've both never even earnt that much.

Just sounds like she's being very unreasonable and possibly uncooperative. Don't let it frustrate you, it's a long road and she's playing mind games. Justice and a fair outcome will prevail. You just need to ensure that you focus and remain logical. Don't attack, simply raise questions, ask for explanations and keep it all documented. You do your budget on what is reasonable, you can push your numbers a little but the judge will start to see through it if you push it too much.

 

[jw3593]

The problem is with current spending the courts won't do much I'm afraid, the best thing you can do is argue that she's unnecessarily spending and therefore being frivolous and as a result, that should be deducted from what she is due. The challenge is, legal precedent has been set. There was a case in which a husband had spent thousands on prostitutes and drugs during separation and the courts still didn't do anything.

If you could argue it's an addiction and she's always been like that and therefore spent thousands and diminished the families assets, you could have an argument. A few questions;

• When was this money spent? Over what period?
• Who's money actually is it?

I'm assuming her budget of £6,500 monthly is what she is suggesting she needs moving forward? If so, all this can and should be challenged. The budget is on a needs basis, not a wants basis so the courts will challenge this themselves and arrive at a figure as to what they believe her needs are. It won't be anywhere near that figure if you've both never even earnt that much.

Just sounds like she's being very unreasonable and possibly uncooperative. Don't let it frustrate you, it's a long road and she's playing mind games. Justice and a fair outcome will prevail. You just need to ensure that you focus and remain logical. Don't attack, simply raise questions, ask for explanations and keep it all documented. You do your budget on what is reasonable, you can push your numbers a little but the judge will start to see through it if you push it too much.

Yeah agree - I mean the money is a melange of mine, her dad's and her mum's it would seem...and she has had previous but as you say, it may not be worth pursuing it.

Definitely re: the budget, it is what she says she needs moving forward and its definitely a 'wants' budget rather than needs. For context, its more than 2x more than my proposed needs budget per month (which includes me paying her maintenance for the foreseeable whilst child arrangements pan out).

If anything, i feel i have underplayed some stuff to be honest - so good to know i can challenge her directly on it