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Upcoming FDR

  • dd1232
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14 Sep 23 #521754 by dd1232
Topic started by dd1232
HELP please, as I'm scared of getting anything wrong for the friend I'm helping
The order states that 2 weeks prior to the FDR -
Each party shall serve on the other party their updating disclosure to include bank, building society statements, pensions, P.60s etc etc
Does this mean that ES1 and ES2 also need to be updated?
also
7 days before the financial dispute resolution appointment
Each party shall send to the court and serve on the other side without prejudice final offers. Is there a template or a specific format that needs to be used for final offers?
Is a bundle not needed for FDR as the order states must be paginated in chronological order and filed no later than 3 days prior to Final Hearing?

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15 Sep 23 #521760 by dd1232
Reply from dd1232
Re my above post, thinking about it I can't imagine updated ES1 & ES2 are expected to be served 2 weeks prior to FDR because the information needed to do the updating is also only required to be served 2 weeks prior to the hearing. Does that make sense please?

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18 Sep 23 - 18 Sep 23 #521777 by hadenoughnow
Reply from hadenoughnow
You need to update the ES1 and ES2 a few days before the hearing so the judge has a clear overview of the case and the finances (as updated).

The proposal to settle should set out a rationale in line with the section 25 factors ie needs and how they can be addressed. So housing needs, costs, mortgage capacity, deposit required, debt to be cleared etc. It should also set out income vs needs and how that could be maximised if it isn't atm. If there's an actuary's report, set out how pensions should be treated in line with the calculations. If possible work out what the overall division of assets works out at.

Summarise the proposal in bullet points at the end.

Hadenoughnow
Last edit: 18 Sep 23 by hadenoughnow.

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20 Sep 23 #521796 by dd1232
Reply from dd1232
Thank you. As the order only states each party shall serve the following documents on the other party am I right in thinking they don't also need to be sent to the court? - Bank/building society statements, liabilities, accounts, mortgage raising capacity etc.etc. Is it just a case of these documents minus the bank statements go in the bundle

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29 Sep 23 #521839 by hadenoughnow
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File = send to court
Serve = send to the other side
Both means you do both.

Re bundle, you should include ia section with any documents you need to refer to in respect of the position and proposed settlement. This includes documents the court has asked for - mortgage capacity, alternative housing, valuations, pension reports etc.
Remember the maximum size of the bundle is 350 pages. If there is room for the updating disclosure it can be included in a separate section. If there's nothing that's materially changed it's not really necessary. The ES2 will reflect updated information.

Hadenoughnow

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29 Sep 23 - 29 Sep 23 #521840 by dd1232
Reply from dd1232
Thank you -
re the chronological paginated bundle, are the documents to be put in date order with the latest documents first or can the supplementary documents be inserted in the bundles sections following on from the existing documents and a new/updated index used
Last edit: 29 Sep 23 by dd1232. Reason: amended

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30 Sep 23 #521843 by hadenoughnow
Reply from hadenoughnow
Chronological order is important for process documents and statements. It is not so much of an issue for miscellaneous documents which should be grouped by type so e.g. applicant's mortgage capacity is followed by respondent's mortgage capacity. The updating disclosure if it is included would be all the applicant's updating disclosure, followed by all the respondent's. Things like bank statements etc should be in order.

Just think about how to make it easier for the judge to follow.

Hadenoughnow

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