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Refusal to submit Form E

Posted by Stramit 
Refusal to submit Form E
March 26, 2021 02:44PM
My wife has petitioned to divorce me but refuses to submit her Form E which gives her present financial situation amongst other things. Can the court insists that she provides this - mine is ready for submission. She has lived overseas on a number of occasions and her history is rather blurred so any research might be long and difficult. Because of this I have suggested that I pay her a lump sum via a court action, enough to buy her a small flat, and so obtaining an uncomplicated clean break. However my solicitor advises me that this would be a potentially bad move. Can anybody advise me of the problems with this plan - can the court force her to complete Form E - what might an alternative plan be.
Re: Refusal to submit Form E
March 26, 2021 06:01PM
If she refuses to disclose her financial circumstances then you have the right to insist that she does not apply for decree absolute until such time as the financial issues between you are formally and finally resolved. Since she issued the divorce petition she presumably wants a divorce so this gives you some leverage.

You do not say whether this completion of Form E is voluntary or not. I suspect that it is. If that is so then you can ultimately compel her to complete a Form E if you make an application to the court to settle the financial issues between you and the court orders that she completes a Form E. One way or another court orders can usually be enforced because courts do not make orders that cannot be enforced.

Your solicitor is absolutely right about paying her any sort of lump sum. Without knowing what her financial situation is you cannot possibly make an informed decision about that and it may indeed be a very bad move.
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