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Witness statement for Final Hearing

  • vincer2004
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07 Jul 21 #517210 by vincer2004
Topic started by vincer2004
Hi all. I am currently pursuing an application to amend the terms of a financial order. Ahead of the Final Hearing I have been told "The parties shall exchange concise witness statements addressing the relevant s31 factors by the date which is 4 weeks prior to the final hearing."

Does anyone know what s31 factors are or where I might be able to read up on this as I'm completely out of my depth. Thanks so much.

  • .Charles
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08 Jul 21 #517212 by .Charles
Reply from .Charles
Section 31 of the Matrimonial Causes Act 1973.

www.legislation.gov.uk/ukpga/1973/18/section/31

Here's a quick snatch and grab from the internet:

People’s lives move on, circumstances change and what may have been an appropriate financial order at the time of a divorce may no longer be appropriate. In those instances, the Court has the power to vary final financial orders years after the original order was made.

This does not mean that the applying spouse can start from scratch and disregard the initial order, but neither can the responding spouse cling to the original conditions if the circumstances have changed. The Court will take into account changes in circumstance since the initial order and has a broad discretion to make a new order.


Charles

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