Financial Remedy Proceedings

Whilst Financial Remedy proceedings can be necessary to resolve financial issues arising out of divorce, the focus of the court is to assist parties in reaching an agreement at the earliest possible stage. Please see below for more information about how the process works.

  • Divorce proceedings have to be filed before financial proceedings can be filed at court
  • If people are able to resolve financial issues without a court application, a Consent Order is lodged at the court which can be approved by the court without the need for people to attend court
  • The person applying (the applicant) must, save in very limited circumstances, attend a Mediation Information and Asssesment Meeting  (MIAM) before filing a financial application.
  • The applicant can then file his or her Form A (financial application)
  • Both parties have to file a Form E (financial disclosure statement attaching relevant financial documentation such as bank statements, pension statements and wage slips) five weeks before the first hearing (First Appointment)
  • Both parties to have to file First Appointment documents two weeks before the First Appointment including a questionnaire raising any questions or further documents requested from the other party.
  • The court makes directions to move the case forward, for example by ordering jointly appointed valuation reports on properties, business assets or pensions from relevant experts
  • The court makes directions as to which questions should be answered from each party’s questionnaire and the timescale for these answers to be provided
  • The court lists a Financial Dispute Resolution Appointment (FDR)
  • Where both parties are ready and agree to do so, they can treat the First Appointment as an FDR – see further below.
  • Both parties make “Without Prejudice proposals” setting out the basis upon which they are willing to settle the case
  • The judge hears submissions from each party or their lawyers as to the reasons why their proposals are appropriate
  • The judge gives an indication as to what he or she feels may be the appropriate outcome. This indication is not binding upon the parties, but is intended to help the parties in their negotiations
  • Negotiations can take place at court, before and after the judge has given an indication and can result in a Consent Order being drawn up
  • If negotiations are unsuccessful, the judge makes directions for a Final Hearing.
  • Both parties and any other witnesses directed by the court give evidence and are cross examined
  • The judge hears all the evidence and makes a decision as to the final outcome, which is binding on both parties (a judgement).

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