Form E or form E2

My partner's ex is taking proceedings against her in the Principal Registry seeking variation (cessation) to the maintenance order. His solicitor has written to say he is filling out his E2. This is the correct form for seeking variation. However it is so limited in the information that it asks for, it plays into his hands. eg no mention of major inheritance last year, no mention of significant range of trusts at home and abroad, no mention of his receipts from sale of the family business (all since the Consent Order was signed). This may allow him to show he can't afford Clean Break/capitalisation. Can we insist on a form E? Presumably through solicitors?

Hmm. Don't know the answer but you could refer to these assets in a position statement. I imagine that if the judge thinks they are significant, he could be ordered to provide details.

The thing is SM is based on income needs and ability to pay. Has his income changed? Has anything else changed?

What income, if any, does he get from the newly acquired assets?

Presumably if he has sold the business, his income may have changed? Or is he employed elsewhere? He would need to explain that. It would not be unreasonable to ask for a share of the sale capital to capitalise any spousal maintenance.

Hadenoughnow

Thank you. He is taking retirement so it could look like his income is taking a hit.

However this is a seriously wealthy man who has spent much time and money hiding his wealth from the taxman. All we want to prove is that a he can afford to pay what he should and b that he can afford capitalisation so we can be shot of him

He has 9 holiday cottages in the Channel islands, a holiday complex in South Africa. The distribution from the sale of the family firm was £47m

We are quite happy to take a hit on spousal maintenance to reflect my being on the seen but that does not remove his responsibilities to his ex wife. I am in receipt of a pension and would only have the means to contribute to spousal maintenance from capital, which seems a little short after a relatively short relationship.

So yes a position statement would be useful. Thank you.