My Ex-Partner Refuses to Complete Form E
It’s common for people to try and make the divorce process difficult by being obstructive. If this goes too far it can lead to serious consequences, as was recently highlighted by the President of the Family Division, Sir James Munby, in his View From the Chair. He warned that there must be consequences for failing to comply with court orders, and this includes not filing Form E.
A judge will need all the information provided in form e divorce to help determine a financial settlement order. This is especially important if you and your ex cannot agree on the terms yourself. For this reason, it’s essential to get as much evidence together as possible to support your position, including bank statements for the last 12 months (including any accounts that are overdrawn), property valuation reports, pension statements with details of CETV (cash equivalent transfer value), shares and investments, and any other relevant information.
In cases where an ex-partner refuses to complete the Form E or does so incompletely, there is a range of options open to you to protect yourself and your interests. The most straightforward is to inform the court of your ex’s refusal and ask the courts to impose a sanction on them. This will likely include an order that they pay some or all of your legal costs, depending on the extent of their obstructive behaviour.
What Happens If My Ex-Partner Refuses to Complete Form E?
It is also worth considering appointing a specialist solicitor to take a look at your ex’s completed Form E and to highlight any areas of suspicion. They will be able to spot any financial irregularities with ease and also help you raise issues about income or undisclosed assets during court proceedings. In addition, if it becomes apparent that your ex has lied on their form or failed to disclose all assets they own, the solicitor you choose can help to reopen your case so that the original order made is set aside and the process of determining what financial award you should receive begins again.
Ultimately, the most effective way to deal with an uncooperative ex-partner when it comes to completing the Form E is to work through the divorce process with a skilled solicitor and to push for an early resolution. The sooner an agreement can be reached, the better for everyone involved as it will save on time, stress and cost.
If you have been unable to reach an agreed financial settlement with your ex-partner through direct negotiation or other non-court proceedings, then you will need to attend a court hearing at which your Form E will be presented to the judge for assessment. The judge will consider all the evidence provided before deciding what financial settlement should be made for you. If you require a solicitor to assist with your financial claim, contact us today and we will match you with one of our expert team. Our service is fast, affordable and hassle-free. We are proud to have helped many clients with their financial claims, including those involving complex issues such as trusts and company assets.