Divorce Form E and questionnaire replies to be considered giving evidence under Oath.

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The Issue

 

Separation and divorce is an overwhelming, stressful and expensive process.

Many break ups are leaving people bankrupt. 

It is a ticking timebomb in this cost of living crisis!

People are incurring large debts with the average cost of divorce being close to £15K.  

Making matters worse are the number of people who are misleading the Courts by not providing a full and frank disclosure of information in their Form E, Form E questionnaire answers and beyond.  Sadly such behaviour is too prevalent.  It is a farce - enough is enough. 

There are currently no consequences from a punitive point of view as these documents are not considered to be giving evidence under Oath.  

A full and frank disclosure is vital in order to achieve a fair settlement for both parties.  This cannot be achieved if there is dishonesty.  In pursuit of the truth, the costs for some people double, sometimes triple.

In order to prevent this, submission of these Forms and answers need to be viewed in the same light as giving evidence under Oath and have punitive consequences.

Because of the criminal penalties for those found guilty of perjury, we believe that introducing these documents to be under Oath would result in fewer cases brought to Court, fewer people denied a fair settlement and, more importantly, less people so heavily in debt due to legal bills.

At the moment if one party is found guilty of providing misleading or fraudulent information on these documents, there are currently no consequences.

It is only when you get to a final hearing that there may be consequences - typically the other party may be awarded slightly more financially and/or costs to be paid by the misleading party.  Keep in mind, that in order to prove the party guilty and /or get to a final hearing involves costs in the tens of thousands of pounds.  To find that sort of money required, many are taking out high interest loans, maxing out credit cards etc.

We believe that if these documents were to be included as being under Oath and have criminal consequences for fraud, dishonesty and non-disclosure, this would act as a deterrent for most.

Help us prevent dishonesty and divorce debt!  The Government must act now.

 

  

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