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Variation Claim - Bundle preparation

  • maisymoos
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11 Dec 17 #498052 by maisymoos
Topic started by maisymoos
Although not the applicant I offered at the FDR to prepare the bundles for the Final Hearing which is in February 2018.

Bank statements etc previously disclosed are now very out of date. Should I ask my ex to provide updated ones to include in the bundle. I know he probably wont but will the Court expect this?

  • tinkerbell1606
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12 Dec 17 #498065 by tinkerbell1606
Reply from tinkerbell1606
Hi

Updated disclosure is usually required in order to have a current overview of each parties current financial status.

Practise directions are available on the M,O,J website,

It may assist if you quote them,

  • Joshua Russell
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12 Dec 17 #498066 by Joshua Russell
Reply from Joshua Russell
Hi there,

Final Hearing bundles often follow the same format as the FDR bundle in that any and all documentation that is relevant or intends to be relied upon should be included. Practice Direction 27A is extremely useful for assisting with the layout/format of a bundle.

Although bank statements from form E/Replies to Questionnaire may now be out of date, they often contain information which may be relevant at Final Hearing and if this is the case, should be included within the Final Hearing bundle. Ordinarily I would also expect the court to make directions at the FDR for updating disclosure, which includes; bank statements covering the period from Form E to date, up to date statements for investments/policies/liabilities/pensions, most recent P60s, P11Ds, tax returns and 3 most recent payslips.

Courts expect the bundle to be agreed by both the Applicant and the Respondent so it may be worth sending the Applicant a draft copy of your proposed index and ask that they confirm their agreement. If they do not respond, lodge your bundle as you proposed.

I hope that helps.

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