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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33541
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Claire I've finished Form E, its much better now its

Resolved Question:

Hi ClaireI've finished Form E, its much better now its focused, but still a nightmare to add the numbers up because of 5 additional pension pages and 4 job pages.
Anyway - where it says "state your interest" in the property/loans/etc - is the right answer always 50%?
For eg, what about my pre-matrimonial flat do I assert 100% or put 50%?
Submitted: 7 months ago.
Category: Family Law
Expert:  Clare replied 7 months ago.

You have four jobs?

It is 50% for everything that is in joint names - 100% for everything else!

Customer: replied 7 months ago.
Thankyou
And the box on 'any special contribution you made to family life' - does one include actual financial amounts contributed or just describe the contribution?
Expert:  Clare replied 7 months ago.

It is generally about what extra you did - but if you brought more capital than your ex did then you can say so!

Customer: replied 7 months ago.
I'm not sure what to put in terms of am I seeking transfer of property or assets?
I am seeking a share of proceeds of sale of the matrimonial home - lion's share!
I'm seeking to keep the car that I drive, which he wants transferred to him.
Should I seek either of these or are they not strictly transfers? Say nothing in this section?
Expert:  Clare replied 7 months ago.

You are seeking the sale of the matrimonial home and an unequal division in your favour

Customer: replied 7 months ago.
That's a good idea. That will make sense read next to him no doubt seeking transfers of this and that.I think my last thought on Form E is : financial misconduct section, shall I put failure of ex to derive nearly a year's income from the property since separation, the house has multiple rooms to let out, comes to over £10K, I supplied tenancy agreement and kept asking him to do it, which non-action meant no child support coming in?
Its a point about non-action really rather than destruction for example.
(I'm still waiting for my possessions to come back but I'm optimistic they will arrive unharmed)
Expert:  Clare replied 7 months ago.

You can do that - it will do no harm!

Customer: replied 7 months ago.
Ok will do - luckily its only one point, I'm not throwing loads of accusations at him.On my original point (contributions section Form E) I'll try and highlight what you say i.e. special input; and I'm leaning toward NOT stating the actual figures like £73,000 medical, £53,000 house deposit, £11000 school fees.... etc. For an FDA or even FDR, it could be too much detail too soon. But, if a judge wanted to get a detailed sense of contributions they could ask, at FDA, for us to write expenditure lists? After all, FDA is about gathering the documents together? (I have receipts for everything so I already have lists but I'm not sure about volunteering the info too soon). Would you keep it non-numerical?
Expert:  Clare replied 7 months ago.

Yes that is a good action plan

Customer: replied 7 months ago.
I think I've just realised I'm using the wrong Form E. I'm not an overseas divorce, I'm 'normal' so I should be using Form E1. Looks pretty similar.One copy Form E (and attachments) in the post to my ex when we agree a date.And previously you told me to file Form E (3 copies) with the court - that is a lot of paper but it absolutely has to be 3?
Expert:  Clare replied 7 months ago.

No it is the Form E you need not an E1

If you are sending it to your ex direct then only send two to the court - on for them to keep and one for them to seal and return.

Customer: replied 7 months ago.
I can see that now - Form E has two bullet points (Matrimonial Causes Act) and people overseas.An obtuse question - Form E 5(b) can I chuck in "compensatory spousal maintenance" (as well as 'normal' maintenance)? Do I run the risk if I don't mention it now, it will be tricky later?My 'transition to independence' is I'll be 58 when my child finishes secondary school, I want to go for compensatory, because of "relationship generated disadvantage" earning double his salary actively sacrificed in our planning application for daycare offered from our house (i.e. difficult for him to deny). Maybe all I can hope for is a generous assessment of needs based maintenance (VB v JP). Either wary, should I put 'compensatory' in Form E- and give the judge a headache?Do you have observations on this tricky area?
Expert:  Clare replied 7 months ago.

Do not use the word Compensatory

Just make sure that you work it into your contribution to the family

Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33541
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 7 months ago.
Very interesting, thankyou.
Expert:  Clare replied 7 months ago.

You are most welcome

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