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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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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If my ex-wife includes in her form e2 (wrt a variation of maintenance

Resolved Question:

If my ex-wife includes in her form e2 (wrt a variation of maintenance payments case) facts or assertions that I know to be untrue - do I let her lawyers know that directly, or do I wait until the court hearing?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** *****
I will do my best to help you but I need some further information first.
What is the basis of your application and what false claims has she made?
Clare
Customer: replied 2 years ago.

basis is a change of my income

her false claims/misrepresntation pertains to offshore funds that she has but not mentioned on the form

Expert:  Clare replied 2 years ago.
Hi
What evidence do you have of those funds ?
Clare
Customer: replied 2 years ago.

i put them there myself a few years ago

Expert:  Clare replied 2 years ago.
Hi
Were they disclosed in the original proceedings?
Clare
Customer: replied 2 years ago.

no

Expert:  Clare replied 2 years ago.
Hi
Did you challenge the omission at that point?
Clare
Customer: replied 2 years ago.

no i did not

Expert:  Clare replied 2 years ago.
Hi
May I ask why not - and when was the original order made (and yes it is relevant I am afraid)
Clare
Customer: replied 2 years ago.

The original order was made 7 months ago

I just wanted things to get over with

Expert:  Clare replied 2 years ago.
Hi
So these are capital assets - do they actually give an income?
Clare
Customer: replied 2 years ago.

Yes - she is receiving disbursements

Expert:  Clare replied 2 years ago.
Hi
You can certainly raise this at the hearing - but the court is going to question why you did not raise this before.
It would be sensible to write to her solicitors and point out the "oversight"
However the focus of the hearing will be by how much your income has reduced and why.
However the fact that she has this other income will help your case once those facts have been established
Please ask if you need further details
Clare
Clare and 2 other Family Law Specialists are ready to help you