Updating financial disclosure for FDR?

[Help1005]

Hello, there was a long gap for various reasons between FDA and FDR. I will need to update the Form E together with submitting up to date bank statements etc. Do I just do an explanatory note with my bundle or should I do a new Form e?? My salary has increased as have my liabilities unfortunately! Thank you

As I understand it, parties provide all documents as required since the last disclosure - for example if bank statements were last disclosed up to 9 January 2024 and updating disclosure is due by 9 June 2024 the parties provide copies of all their bank statements from 9 January 2024 to 9 June 2024.

After the FDA hearing you would have received an order that lists updating disclosure required and that you are required to send to each other in updating disclosure. Check though if you have been ordered to exchange the updating disclosure just to each other or to each other and the court.

I think you are referring to 2 different folders - the updating disclosure (which is exchanged between parties) and the bundle (which is sent into the court).

If exchanged between the two of you, parties go through the updating disclosure they have sent to each other and choose to exhibit documents from either or both updating disclosure folders in the bundle sent to the court (which the Judge can see).

The court then has your bundle which may include exhibits from the updating disclosure folders.

Check the order and Seek legal advice

@anuana thank you! Having looked at my order again, the updating disclosure has to be done between the parties - no mention of sending to court. However there is reference to a bundle being sent to the court and agreed with other party - I am required to collate this under the order and serve a Es1 form. What should the bundle contain? It’s not clear from the order?

https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a

You don't redo the Form E. instead you have to produce updated docs, so, if for example the Form E submitted for the FDA had bank act info up until Feb '23, you would now need to additionally produce March'23 to present day. That applies to all aspects of disclosure, e.g. accounts, jobs, income, pensions.

The bundle for the FDR is generally compiled by the applicant if they are represented. You should have a date by which they will supply you with the index (it is a massive file). You would need to supply your updated docs to their solicitor. They put it all together and produce copies for everyone. The docs it includes are referenced in the court order arising from your FDA and will include updated disclosure, answers to your questionnaires, position statements, costs and an asset schedule. I made sure I had scanned copies of everything so that it was then easy to organise, locate and email.

Edit - by copies for everyone, I mean the applicant, the respondent and the judge. The bundle contains absolutely everything but the judge will focus on key aspects like the asset schedule, position statements and answers to questionnaires plus any significant changes as a result of updated disclosure.

Thank you - I’m a litigant in person now so surprising that I’ve been asked to to the bundle, but appreciate the advice

If you are a LIP and your ex is represented then his solicitor will lead on the bundle then even if he is the respondent. That's how it is supposed to work. It should say in your court order from the FDA. If you are both LIP it may be that you are both required to submit your own docs and they may be more relaxed about the bundle. I imagine an index and pagination is crucial still though. I was a LIP respondent so didn't have to do it but FWIW I kind of wish I had because then you can ensure everything is properly included and you are not trying to digest a huge folder at the 11th hour before being in court. There are upsides!

@momentumneeded thank you . Neither ex nor I are represented but for whatever reason I as applicant have to do the bundle , as stated by the order!