Private agreement which now cannot be afforded

[Ash]

That's why you need a free half hour's legal advice to see if you have to do the Form E and if so, when by. The mention of mediation probably means your ex knows he's thinking of applying for an order. I think you should get a C100 filled out asap ready to go as soon as you get the mediation sign off. In fact you could ask the mediator to sign you off anyway and not wait.

 

[Ash]

sorry one more Q... can we insist on having a CAO before any finances are discussed?

You can't insist on anything with an ex's solicitors! They will ignore or bully you. You just start going ahead with the Child Arrangements application. They will find out when they get the court papers through a couple of weeks after you apply. I think you should do it asap or his ex may have a MIAM and apply first.

 

[MagicJ]

Agreed on advice.

Nothing can be forced except through a court process, so you don't have to voluntarily respond to the Form E.

Get the MIAM sign-off, forward them the email(?) she sent saying she's not interested and get the C100 in ASAP. And don't let them know you've done that.

Don't respond to the solicitor on Finances, let the 21 days run down & see what they do next.

If she's got Money, she'll just go to court a d start the FRO proceedings, more money for her to spend.

If he's got nothing, then let her be, she'll tire herself out and just be spending money on solicitors for nothing.

 

[Ash]

Absolutely don't let them know you're putting a C100 in or they will try and knobble things.

 

[MagicJ]

Just an FYI on the finance process:

Flowchart for financial remedy cases – Family Court Information

www.familycourtinfo.org.uk

 

[Resolute]

and he has been asked to complete a Form E detailing all his assets within 21 days.

Just to be clear, did solicitor ask him to complete this in correspondence independent of the court?

If so, you could respond thanking them for their correspondence and assuring them of a reply in due course. Then file and serve C100 prior to the 21 day deadline.