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processual claims

  • mapletree
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12 Oct 12 #360586 by mapletree
Topic started by mapletree
FDA is next week . My stbx has not supply me with any evidence (bank statements etc. ) with the form E . He didn''t submit preparation papers for the court - issues, statements, chronology .
What are my processual rights to ask at the FDA ? What can I claim in that respect ?

  • .Charles
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12 Oct 12 #360594 by .Charles
Reply from .Charles
I''m not sure what your question is.

The FDA is a Directions hearing where the judge decides the trajectory of the case and the information that each party is to provide to the other.

In your case, you need financial documentation so in your questionnaire you can ask things such as:

Your form E gives income details but no bank statements have been provided. Please provide 12 months worth of bank statements.

Your liabilities are stated as X but no proof has been provided. Please provide up to date documentation providing such liabilities.

Etc.

When sending your questionnaire to your spouse, make it clear that further questions may be required once his documentation is received.

When you get to court, the judge will allow whatever questions s/he deems to be appropriate and make directions that are appropriate which may include that your statement of issues, chronology be accepted by the court in the absence of documents from your spouse.

If your spouse does not fully engage with the court process, the judge will get awfully ratty with him and can ultimately make it quite uncomfortable.

Charles

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