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FDR Preperation

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29 Jan 18 #499137 by wikiliki
Topic started by wikiliki
Hi, Is there any knowledgeable Wiki's That could give me a steer on the following.

At the FDA the Judge disallowed several question on the Questionnaire But there is still a lot of questions that relate to providing information For CETV values from Old pensions, and if it has been transferred details from the pension providers as to what was transferred and to where. Personnel Tax Returns, and Tax Computations.

STBX solicitor has drawn up the orders for the court. amended the questionnaire, which I don't have a problem. There is then a section Headed The FDR Appointment (9.17 FPR 2010) Preparation for the FDR.

There is a string of items from A to E which I do not have a problem with but Item F states. (f) any other relevant documents for which permission has been given, for example ( the word Permission and for Example are in bold) an Actuarial or pension report, a medical report any accountancy evidence in relation CGT or other tax implications valuation evidence, estimated cost any proposed building improvements or adaptations, whether for heath or other reasons; information about planning permission or easements where relevant; information about the availability of financial assistance from Local Authority or any other body, for example in relation to Health or housing needs.

This to me gives the x to refuse to provide the information around his personnel taxes returns and Tax Computation and Pensions. I am reading this incorrectly.

I have spoken to the solicitor as the Judge didn't say any of this in court. Solicitors states that the preparation for FDR is standard he does them all the time and he quoted me a section that they have been taken (Does any one what that section is) I know I have cloth ears.

Any advise I would be grateful.

Wikiliki

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01 Feb 18 #499227 by wikiliki
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Bump, Is there any Wiki peeps that can advise.

Would be really greatful

Wikiliki

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01 Feb 18 #499235 by Deborah66
Reply from Deborah66
Hi Wikiliki

As you have not received a response I will reply to your post.

I don't know where the list you refer to as (a) to (f) originates from.

What I can say is that the documents as prescribed on the form E and documents requested in questionnaires are automatically permissible documents to be filed at court as they form part of the reply to the questionnaire.

If a person does not reply to a question on the questionnaire fully and supporting documentation is missing at the FDR you can request that directions are given by the court for the person to provide the missing/lacking financial document or written reply, this must relate to the questions/answers to the questionnaire. So if you have not asked for something on the questionnaire, or something else relevant crops up, then you could seek permission to file a supplemental questionnaire. The important factor here is relevance and why permission is required for any additional documents/evidence.

Any other evidence, over and above, (except for updating already filed information) needs the court's permission to file at court. For example, if a person wishes to obtain an pension report on pension to show how much of the CEV is needed to provide equality of income, then the court would need to provide permission for that report to be obtained and filed.

I note you have already referred to rule 9.17 of the FPR's 2010 which provides information about the FDR and the filing of open offers before the hearing.

Here is a link

www.justice.gov.uk/courts/procedure-rules/family/parts/part_09

Good Luck
D

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03 Feb 18 #499326 by wikiliki
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Thank you Deborah for your reply, much appreciated.

I referred to 9.17 Rule as it was on the paperwork I received. I really haven't a clue what it meant.

Just at the moment I really feel that I am really out of my depth with all this but I haven't the funds. I just feel like throwing in the towel.

Thank you

Wikiliki

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