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Form E change in circumstances

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03 May 12 #328250 by margarita2309
Topic started by margarita2309
Can anyone advise me on how I advise the court of a change in circumstance after I have filed my form E with court for the first financial hearing in 2 weeks. I have had to take a loan out to repair the roof on my house, I can Evidence this to the court. My liabilities have increased.
Please Help.

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07 May 12 #328839 by LittleMrMike
Reply from LittleMrMike
Well, I see nobody has replied.

I think the important thing is that you disclose it.

As long as the loan was reasonably incurred it should not be held against you, but you;ll need clear evidence of the need for the repair, which presumably would not be difficult in your case.

Circumstances can change after submission of form E and you are duty bound to notify any changes, but the main thing is to make sure the other side are aware of it.

Do you have a solicitor ?

LMM

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07 May 12 #328925 by margarita2309
Reply from margarita2309
Hi LMM
Thanks for reply, Much appreciated. Yes I had a solicitor but after spending £5000 and only just getting to the first hearing, I decided to represent myself. I have a son and a mortgage to pay, so Need to keep a roof over my son''s head. I will inform the other side of my increased liabilities as well as the court. Do you know if I need to complete a form for the court of advise them of this, or just inform them via letter.
Also my Ex Husbands solicitors have not exchanged his form E with me and we are due in court on the 15th May, He now is claiming Job seekers allowance and legal aid all of a sudden, unsure how he can pay for a 15k bmw and 215K mortgage on £76 a week, an:blush: d to top it all off, I was diagnosied with Lymphoma 10 years ago, and it has decided to present itself again and now must go back to my oncologist, all too much stress. All I want is the legal charge that I placed on his property when I married him for £30000 to be repaid and a Clean Break. I placed the charge after paying off all his debts, and after a short 18 month marriage, my gut instinct was true, he was after only money. Any info much appreciated, Thank you again.

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08 May 12 #329079 by LittleMrMike
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Well, I recall a visit long ago to a fishing village in Elba called Porto Azzuro and the whole place stank of fish.

To say that this is fishy is an understatement. I suspect he''s quite capable of finding another job but is holding back on it until the divorce is finalised.

Unfortunately for you, though I am a retired lawyer, my specialism was not family law and I never practised family law in my life.

It is not acceptable that he has not lodged his form E. Have you had the First Hearing yet ? Were any Directions given ?

There is just no point in proceeding further till he lodges his form E. Heck, he''s got plenty of free time to do it !

LMM

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08 May 12 #329238 by margarita2309
Reply from margarita2309
Hi LMM, Your info much appreciated. Yes agree "fishy" and "obvious", First hearing is on 15th May, I have requested under Form G to go straight to a final hearing for an order of sale, after all a legal charge has to represent something, otherwise what was the point in the first place of taking legal advise and taking a charge to cover myself in the event of this happening.
Thanks again for respondng, you have been a big help.

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