Form E Exchange advice gratefully needed!

Hi. Myself and my ex have our first court date for financial resolution (and hopefully a Clean Break).
Ours is a very straightforward case as we're divorced and have very little assets (a pension to share and a few thousand pounds of savings). There is nothing to contest over and I'm happy to accept whatever the judge decides and basically be free to move on.
My ex isn't particularly co operative and has ignored my suggested date for exchanging form E.
Ultimately, I'm not concerned about this as I know exactly how comfortable she is (lives with new partner, works full time, receives financial support from me for the kids and their activities).
I work full time and my wages are basically accounted for with an average lifestyle/getting by so no danger of spousal maintenance etc.
My question is, as long as I submit my Form E to the court and have proof I've made amicable request to exchange with my ex, would it even matter if we haven't seen each others Form E by the court date if we have nothing to contest and simply (assuming she atleast submits hers to the court), allow the judge to divide up what is left or would they insist Form E must be analysed by us before preceding with any recommendations/final decisions!?
Thanks for any feedback. Ultimately, I just want it done and dusted, not drawn into any pointless obstruction to the process.

Who made the application to court? Presumably mediation didn't help you to sort things out? Have you any knowledge of their financial position??

If you are in the court process, Forms E have to be exchanged. You should file yours with the court on or before the appointed day. If they don't exchange, they will be ordered to do so at First Appointment and the hearing will be adjourned. Persistent failure to disclose carries consequences and can ultimately land a person on prison for contempt.

If you are sure there genuinely is nothing to contest, have you made a proposal to settle??

Hadenoughnow

hadenoughnow post=520451 userid=11005

"Persistent failure to disclose carries consequences and can ultimately land a person on prison for "

how is this "Persistent failure" measured? Is it the number of times the request is made, and if so, what is the maximum number at which they can be impriosoned? Can be quite stressful as can take a very long time!!!

Firstly, thanks for your reply. It was myself who instigated the financial Consent Order. We tried agreeing a basic clean break a while ago where she kept the savings and I kept the pension but she wanted the money transferring (the issa was in my name as she was useless with money) BEFORE the judge had signed and sealed it. She's reluctant to go to court but we have no other mechanism for carrying out the transaction other than to have it instigated by a judge! Any suggestions would be well received as a way round this!?

Form E exchange outside the court process is voluntary. You can only have a consent order if you have an agreement and both cooperate to complete the paperwork. This includes a D81 Statement of Financial Information that the judge who is asked to approve the order will check to see the agreement is fair.
If you cannot agree and mediation doesn't help, you can make an application to court. It is not clear from your post whether you have already done this. Failure to disclose is a common reason for making an application to court.
Once you have disclosure, which may need further court orders to obtain, you are encouraged to settle if you can. Some cases are sent back to mediation. If disclosure remains an issue the court can impose sanctions. It may ultimately make a decision on the matter based on one party's evidence alone although this is unusual if both parties are in this country and aware of proceedings.

It is not wise to hand over cash ahead of a legally binding order although there may be some cases where it is necessary. In these cases a very clear paper trail is needed, backed up by a properly drawn up agreement Whilst this may not be legally binding, it will carry some weight.


Hadenoughnow

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Once again, thank you for your response. Very insightful and much appreciated. I have instigated a clean break through the court and we have a date in just over a month. My ex is reluctant to go down the formal route and has recently changed her position because of this. Basically, we have £4000 of savings. My pension is worth £51000 and hers £10000. We have agreed she will keep the savings (but I will transfer it AFTER the clean break is signed and sealed) and we keep our own pensions. Both live with new partners, both work full time and I pay child maintenance and extra towards activities/school holidays etc. On a basic clean break application, would you say it's likely the judge would accept our agreement and grant the clean break? Both aged 41.