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Form E & the FDR

  • AlanPartridge
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09 Nov 20 #514694 by AlanPartridge
Topic started by AlanPartridge
Hi - FDR coming up in a few weeks and my ex's Form has quite a lot of key information that is either incorrect or missing - predictably things that help their case. AM I right in asking that this be updated prior to submission to the court a few days before the FDR - and if they don't do so - what should my actions be? TIA

  • hadenoughnow
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11 Nov 20 #514723 by hadenoughnow
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Presumably you raised a questionnaire about what was missing from form E and at fda she was irdered to respond?

If she has responded but her answers are inadequate, yiu can raise a schedule of deficiencies. You can send to her and file at the court. If necessary ask the court to order that the deficiencies are addressed. For FDR to be effective you need full financial disclosure.

Updating disclosure is normally required a few days ahead of FDR. Check the order from the first hearing. It should detail what needs to be done and when.

Hadenoughnow

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13 Nov 20 #514735 by AlanPartridge
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thanks. Its the form E thats not accurate and it wasn't accurate
at the the first hearing. I am keen to for it to be updated for the FDR. I have written to the solicitor but got an evasive response. Do I need to ask the court to direct them to do so or do I just call them out on it at the FDR?

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13 Nov 20 #514736 by hadenoughnow
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Is the inaccuracy a matter of fact that can be evidenced or a matter of opinion.??

If it was raised in the questionnaire and has not been answered satisfactorily you can raise a schedule of deficiencies and apply to the court for it to be addressed in good time for fdr to be effective.

There should be updating disclosure before FDR. Provision for this will be set out in the order from First hearing.

If questions weren't raised, the inaccuracy has recently come to light maybe and you have hard evidence to demonstrate it, that evidence should be provided to the other side.

An updated schedule of assets and liabilities should be prepared for the FDR.

Hadenoughnow

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13 Nov 20 #514742 by AlanPartridge
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the inaccuracies where admitted to in the first hearing. What I cannot see is if the form E is supposed to be updated before FDR - the rather slippery answer I am getting from my ex's solicitor is that she is updating financial disclosure by way of sending in uptown date bank statement and so on - but avoiding commenting on the updated form E

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