My partner is a LIP and had his Final Hearing in November 2021. As such, he did his S25, concise narrative statement and open offer ahead of this, expecting to complete the process. However due to the unexpected death of his mother between FDR and FH and the insistence of his STBX that the potential inheritance was 10x more than it actually was, he got to the final hearing only for the judge to say he didn't feel able to rule on the case given the huge disparity between his and her versions of the expected inheritance. This was further complicated by the delay in the probate valuation (covid of course) which would have supported my partner's assertion. However, it wasn't to be and after getting over the disappointment of having to wait another 6 months - not to mention the additional costs of a direct access barrister for a second time - he has a mention hearing next week, and then FH on 26th May.
STBX is represented and the applicant so they're preparing the bundle but so far they have been using the same sS25, mortgage raiding capacity and property particulars as they prepared in October despite changes to the house price, STBX job, and detail in the S25. Whilst they may choose to rely on out of date evidence is there a process for him to update his S25 statement and resubmit ahead of the FH in May? Also, is they are using outdated information, can this be highlighted should they rely on it in the FH to ask for more money? My main issue here is that the process has been going for almost 2 years and the value of the hose has changed by £50k according to the original valuers and we believe this should be considered rather than sticking to the original valuation done in July 2020.