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application to vary SM

  • pirate702
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22 Jan 20 #511145 by pirate702
Topic started by pirate702
Good evening everyone. I have applied to vary SM due to a change in financial circumstances after 10 years since divorce, my ex also has changed financial circumstances. The court has directed we both file E2s and exchange financial info via them. I have filed my form E2 the other side has not and we have still not exchanged financial information. The other side has now filed an application to oppose mine and is suggesting a discharge of the maintenance order for a lump sum - that I do not have.
As the original applicant I have a number of questions any advice would be most valuable:
I have paid for the fast track process but has this now been overtaken by events? If not how do I progress with these proceedings? .
Does the respondent’s application to oppose have any effect on my original application? If so how?
Should I continue to follow the court's original directions?The next deadline is 11 Feb ’20 for questions, statement of issues etc. Of note with no financial information forthcoming from the respondent I have no information to base any questions upon.
Any advice out there please
Best regards
M

  • alreid1612
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27 Jan 20 #511206 by alreid1612
Reply from alreid1612
Quite similar situation. My partners ex applied to vary (cease) spousal maintenance after 10 years since divorce due to changes in circumstance. My partner's team countered with a capitalisation claim. It will be run in parallel.The court will not want to go through this again so a Clean Break is the likely outcome with or without a financial award.
The ex wanted to fast track the process. In my partners case this was not appropriate. The reasons for cessation were not agreed and because of the complexity of the exs financial arrangements and that he was claiming unaffordability, the court agreed that full form Es should be completed. This was achieved by my partner writing directly to the court to get it off the fast track process and under proper scrutiny. I presume the process can also work in reverse.
You may not have a lump sum available, but your capital is likely to be taken into account when calculating figures.
Good luck

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