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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4687
Experience:  LLB (Hons)
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I want some advice on divorce if possible please, no not as

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Hi, I want some advice on divorce if possible please
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no not as of yet. My wife has said 4-6weeks she has commenced divorce proceedings but I am yet to receive anything.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Essex
JA: Anything else you want the Lawyer to know before I connect you?
Customer: shes requested I need to fill out an E disclosure form to settle any financial arrangements in which there isn’t any as we have already sold our house

Hi, I'm Lea and I have reviewed your query.

Did your wife apply via the online system, or on paper via Royal Mail?

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Customer: replied 1 year ago.
I’m not sure, she emailed to say she has commenced divorce proceedings
Customer: replied 1 year ago.
I do not want a call

What I can tell you is that there are severe delays with processing divorce applications - for example, at Bury St Edmunds, the current position is that petitions for divorce received on 28th February are being dealt with, which means that they are very behind.

If your wife applied 4-6 weeks ago, it may be a further two or three months before you receive the petition.

With regards ***** ***** financial disclosure (Form E) this is standard practice and can actually save some time if you both do it ahead of either one of you making the application to court for a financial settlement.

Customer: replied 1 year ago.
Ok, so she has said I need to provide an E disclosure form to settle finances but these have already been settled apart from my pension, we have already sold our house & split 50/50

Finances are never settled until the agreement is sealed by the court. Even if you have no joint finances left (which it appears you might do) you would still need to get everything you have agreed sealed in a consent order by the court in order to make it legally binding, otherwise you both leave yourselves open to future claims.

Customer: replied 1 year ago.
Ok. So at present I am thinking of buying a property with my new partner, With the half of the money I got from the house being sold would she in the future be able to make a claim on that. There is no dependants involved with my wife

I would hope that your wife would not make a claim, but the fact is that if you don't settle the finances with a sealed consent order, the option is open to her to do that (as it would be open to you to do the same to her).

I cannot stress strongly enough that it is very important to get a clean break sealed by the court so that you are both free with no concerns to carry on with the rest of your lives.

Customer: replied 1 year ago.
She has asked me to fill this form in and send to her via email which obviously I am not happy about just sending her all my personal details. She has said she wants to do this without any court intervention

It isn't possible to complete this matter without court intervention.

You could agree with her a date and time at which you both exchange the Form Es - but if you don't want to do it that way, you are entitled to wait until she makes an application to court (or you make one) for a financial settlement and the court orders you both to file the documents.

Customer: replied 1 year ago.
how does that work as I do not have her new address and she doesn’t have mine

If she doesn't have your address she can't have filed for divorce.

For either one of you to issue any application in court you will need the other's address. You'll need to ask her for it or wait for her to make the applications to court.

Customer: replied 1 year ago.
She was going to send to my work address as I don’t want her knowing where I live

If you'll accept service at work, that's fine.

Customer: replied 1 year ago.
if she has filed for divorce & given my work address there won’t be a problem?

That is correct.

Customer: replied 1 year ago.
The E disclosure form seems very in depth & I feel I will need help filling this out what is the best way to do this?

Via a solicitor - it is indeed a very lengthy form and needs to be completed accurately. You will also need supporting documentation.

Customer: replied 1 year ago.
Ok thank you so much for your help

You're very welcome.

I'd appreciate if you could kindly take a moment to rate positively - thank you!

Customer: replied 1 year ago.
No problem

The five stars for rating should be at the top of your page.

All the best.

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