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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34121
Experience:  25 years experience of all aspects of family law
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I am representing myself in my divorce and have rescieved the

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I am representing myself in my divorce and have rescieved the answers to my questions of the applicant in preperation for the FDR hearing. I had asked for the annual pension benefits statement to be disclosed as it shows that my ex will recieve £22k pension and can take out £100k in cash on NRA. However, he only submitted pages 1 and 3 (the pages aren't numbered) and omitted the page that breaks down the benfits! How do I go about this? Can I just take a photocopy of it to the hearing and present it there? Should I write to his solicitor enclosing a copy? I am relying on this document to evidence the standard of living he can expect in the future compared to my own.
HI
Thank you for your question I will do my best to assist you but I need some further information first.
Do you mean that you want your ex to show you page 2?
Claire
Customer: replied 4 years ago.

No I have a copy of the whole benefits statement (pages 1-3) but the court will not see the page with the actual amounts on (page 2) because he has omitted it. He obviously thought that by not submitting that particular page the court would not see his generous pension package. I want the court to see it because it strengthens my case.

Hi
Frankly that is more likely to be a copying error than anything else - the full statement should be in the bundle and you should write to his solicitor and ask for this to happen.
Take a further copy on the day just in case!
I hope that this is of assistance - please ask if you need further clarification
Claire
Customer: replied 4 years ago.

If I take a copy to court will I be able to present it or will they say it is not submissable because I should not have a copy?

Hi
Sorry - how did you come to have it?
Claire
Customer: replied 4 years ago.

It came to my home and I opened it by mistake. It was in an envelope to send back to his solicitor but my ex went through my paperwork when he was in the house on his own collecting our son and took it. He knows I have seen it as does his solicitor. Luckily I had already taken a copy of it. That is how I know how generous it is. I do not want a pensions sharing order mearly to show that he can afford a comfortable level of living whereas I cannot and I should therefore have a higher % of the financial settlement.

Hi
Have you written to his solicitor and queried why he has not provided a full copy?
Claire
Customer: replied 4 years ago.

Not as yet I wanted to seek advice from you first. It is one of my biggest arguments and hense I did not want to scupper any chance of using it in court. I didn't want his solicitor coming back saying I could not use it. Should I send him a copy of it? The date when documents and responses have to be submitted to courts has now passed.

Hi
No it should have been disclosed in full so a simple letter asking for it will be sufficient.
How relevant the details are does rather depend on your current ages of course!
Claire
Customer: replied 4 years ago.


Is he obliged to send me a copy? what happens if he replies saying his client has told him it is complete?

Hi
He knows it is not complete - the pages are numbered.
Simply ask for a full copy
Claire
Customer: replied 4 years ago.

no - as I mentioned in the original question the pages are not numbered. the only way i know the page is missing is because I have a copy of the original

Hi
Simply write and say that there appears to be a page missing - reminding them that you saw the original
Claire
Clare and 2 other UK Family Law Specialists are ready to help you