We have swapped paperwork so have each others questionnaires. I have answered all the questions (such as facts/figures) but not given any supporting paperwork e.g. 12 months credit card statements etc. I have done this because as its FDA not an FDR there is the possibly that not all the questions will need to be responded to. Plus I would rather not have to provide 12 months of credit card statements if can be avoided.
My ex's solicitor has now come back and said they are 'disappointed' with the fact that there is no supporting paper work even though they are yet to provide any answers to my questions. They have also explicitly stated already that they don't want to answer some of my questions so I don't expect a full response from hem anyway.
I now don't know what to do. Part of me wants to go back and say as it is an FDA i'm not obliged to provide this information until decided by the court but I also want the issue resolved. Not being a solicitor I'm not sure what they would be hoping to find in the statements apart from see that I have no money.
Producing 12 months credit card statements is a standard part of financial disclosure. The form E hasn't caught up with the way we use credit cards these days. For some most of the monthly spending goes on the card which is cleared regularly. Seeing the statements is necessary to establish whether e.g. the income needs claimed are reflected in the spending patterns. Where a card has a big debit balance, it is important to establish how that debt arose and whether it should be seen as a sole or joint liability.
Answers to questions are not usually exchanged until after FDA unless the parties have specifically agreed they should be with a view to making first hearing FDR. FDR is the hearing at which offers are exchanged, negotiations take place and settlement may be reached with help from the judge.
Remember this is about you providing evidence to support your position. The other side's solicitor needs a full picture to be able to advise on settlement. Not to do so could be seen as you being obstructive and prolonging matters unnecessarily.
I am terrified of doing it all wrong. My FDA is next week and the ex's solicitor is asking to strike my request to see 12 months of the ex's credit card statements yet asking to see mine. Even if they did change their mind and respond to all my questions and visa versa i'm guessing the as the FDA next week it won't suddenly become an FDR anyway.
If it was me I would send them your 12 months credit card statements, and file them with the court then it's one less thing to worry about.
It's quite likely the will follow suit and send theres soon after. If not they will be ordered to at the FDA. By neither of you disclosing documentation, it's just a waste of time.
The FDA will also be used to establish the order for the next hearing. This will include things like how to establish the property value if you have no already agreed it, or anything else related to your statement of issues.