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Common law > amending an Application

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  • Common law > amending an Application

    Hello all,
    Quick question

    common law, 10 years, two kids.
    Applicant filed an application regarding child splitting $$, all the norms
    Respondant filed answer
    Applicant filed response to answer

    now I received a letter stating the application will be changed and include requesting claim in my home at a settlement conference and will I consent

    . Will I consent to what?
    can a change to an application be made like that? I don’t speak to my lawyer until Tuesday.
    im looking to educate myself

  • #2
    This is one of the advantages to all the conferences; ensuring the proper issues are determined and proper requests are made. Amending an application is normal and will most likely be granted by the sc judge.


    • #3
      When should I receive the amended copy?
      It has not been sent to me, just a request that I consent to it and once I do it will be prepared or they will ask at the cc to amend it.
      it’s a property claim in a common law split. I owned/own the house and currently reside in it.
      seperate issue outside family law or no?


      • #4
        Sorry, I have no clue on the legitimacy of the claim. Just that the amendment should be agreed to or would be ordered at the sc. Applicant would be given a couple weeks to refile, then the respondent would be provided the same.


        • #5
          Ok. Do you mean a general amendment is agreed on or the details of it?
          meaning am I agreeing to just some changes to the initial application/orders requested OR I agree to the details of it? (Which I don’t have)


          • #6
            General - They're asking to change some details within their initial application/response. It's a given you don't agree and are in court where everyone will need to prove their claims.


            • #7
              Perfect, thank you.


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