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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Been asked to re-do my 'income needs' and prepare bundles for

Resolved Question:

Been asked to re-do my 'income needs' and prepare bundles for final hearing. Does this info go as an exhib with the statement or does it go into a 'finance section' (not all bank statements this time) at the back in the bundle?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Have you seen the guidelines for preparing bundles?
Clare
Customer: replied 2 years ago.
Yes but I still need to go through more thoroughly. Final hearing in February and ex is currently moving from the US to Japan. I have just received an email with attachments that he wants to include in MY bundle. He has sent photos of me at my daughter's wedding and others in happy situations at home plus pie graphs of my spending! He was asked to do a witness statement and not prepare a bundle so surprised at his request. At second hearing he was advised to get a good barrister but he won't spend the money - most of his money now transferred to his third wife and he was earning half a million per year. We were divorced in 1993 and there was a life order pre pension legislation and I brought up the three children on very little money. This is my last chance to gain freedom from his control.
Expert:  Clare replied 2 years ago.
Hi
You prepare the bundle because it is your application
The full legal instruction is here
https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a
but this guide is excellent
http://www.advicenow.org.uk/advicenow-guides/family/applying-for-a-financial-order-without-the-help-of-a-lawyer/preparing-a-bundle-and-index,10412,FP.html
The information he wants you to put in should not be included UNLESS it is exhibited to his Statement (and is irrelevant anyway)
From what I have read you have an excellent case - and remember if he fails to pay you can apply for a Judgement Summons which could lead to his imprisonment shoudl he return to the uK - even for a visit....
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi, Clare

Thank you for your informative answer which is quite reassuring. I had done a full account previously on this site with 'Stuart' so you didn't get the full story of how my ex sent an email beg 2012 to say he was ceasing payments. I went to solicitors and did a REMO application to no avail. Since then I have managed on my own to get him to court. The only added complication was that after nearly 20 years divorced I met my partner about 8 years ago and moved in with him three years later. However, we both keep our monies separate and my Will (2008) leaves all what I own to the children. I have no intention of marrying again - ex is on third marriage and has done a Will but nothing for the children! When witness statements are swapped are ALL the statements given to the other party or just the one from me and from him? I have three altogether (he has just one) and this is one thing that isn't very clear as they use the plural 'statements' but could be just the applicant and respondent's?

Expert:  Clare replied 2 years ago.
Hi
Who has made the other statements
Clare
Customer: replied 2 years ago.
As the judge at second hearing said that my partner should do one as ex is claiming he is a millionaire - this is not true but whatever we have done to prove this is false (even submitting my partner's income, all detailed, in Form E, he will need to submit his accounts etc - neither of us has anything to hide but ex has lied throughout. The other statement is from my long term female friend who has known me for 20 years and has seen the control my ex has had over me and aware of his continuous threats to stop payments for the large mortgage he left me with leaving me living a very stressful life. Ex understood the Order was just to pay until he retired (this was supposed to be, according to his threats, in 2003 and he actually retires this month with a probable golden handshake etc. he refuses to submit his CE value of the pension (one of the best) he had when we were married and why I had missing years with my teachers pension (told me I needn't pay into mine at that time). I digress, my friend has done a statement saying how the legal profession had let me down especially 2002 - 2005 I tried to get a capitalisation. I had to prepare 3 (!) Form Es but each time of exchange he backed down so we never knew his financial situation.
So, are the three witness statements to go to ex?!
Expert:  Clare replied 2 years ago.
Hi
he should have copies of all the statements - but I must be Frank and say that your friend's statement doed not appear to be relevant
Clare
Customer: replied 2 years ago.
Thanks, Clare. I may have more to ask so I won't 'finish' yet, if you don't mind. I will then give feedback later.
Expert:  Clare replied 2 years ago.
Hi
That is fine
Clare
Customer: replied 2 years ago.
With regards ***** ***** bundle, am I expected to include both Form Es and Q and As from the previous hearings? I would have thought that what had been previously sent to the court would be passed on? If this isn't the case and I have misunderstood, then the bundle's pages might exceed 350 and I will need to prepare double the amount?
In the second hearing I was instructed to do a bundle and to re-do my income needs whilst my ex had to do a statement. We have now come to an agreement about using his solicitor for exchanging the statements and I will deliver the bundle once index has been approved to her as he will not be over from Japan till a few days before court hearing.
Expert:  Clare replied 2 years ago.
Hi
The bundle needs to include ALL the relevant documents in the case - including the Forms E and the Questionnaires I am afraid.
Clare
Customer: replied 2 years ago.
Thanks for this Clare! I foresee another sleepless night! ;)
Expert:  Clare replied 2 years ago.
Hi
I fear so!
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Just checking regarding the inclusion of Form Es in the bundle. Am I correct in thinking that all the attachments (pensions, bank statements etc) do not need to be included as it says no copies of bank statements should be included in the bundle and it will solely be the actual form E only?
Expert:  Clare replied 2 years ago.
Hi
That is correct
Clare
Customer: replied 2 years ago.

Just one more, Clare! When the frontsheet that goes before the documents in the bundle stating what they are will these be included in the numbering of the pages or just left as 'title pages'? I can't find the answer to this anywhere.

Expert:  Clare replied 2 years ago.
Hi
No the Index isn't a numbered page(s)!
Clare
Customer: replied 2 years ago.
I have been very busy getting the documents together so that I will be able to get a draft index done. Why would a 'position statement' be needed when the Witness Statements will actually say the same things?
Expert:  Clare replied 2 years ago.
Hi
The Witness Statement is your evidence
The Position statement simply reflects the overall situation at this point - so what are you asking for and why
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

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