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Financial Remedy in Divorce – a Timetable

financial remedy timetable

Financial Remedy Proceedings

At Paradigm Family Law, we understand how important it is to navigate financial remedy in divorce. That’s why we thought it might be useful to provide a concise timetable outlining how Financial Remedy Proceedings are handled when parties can’t resolve financial claims out of court.

There are three main phases to financial remedy proceedings:

  1. Phase 1 – from the issue of proceedings to the end of the First Directions Appointment (FDA)
  2. Phase 2 – from the First Appointment to the end of the Financial Dispute Resolution hearing (FDR)
  3. Phase 3 – up to and including the Final Hearing (FH)

We’ll go through each phase and explain the key activities and timetable.

Phase 1 – To the End of the First Appointment

Either party can make an application for financial remedy, provided there are proceedings ongoing for divorce or civil partnership dissolution. The party applying must complete a FORM A (financial remedy) or FORM A1 or an alternative when applying for other financial remedies.

In FORM A, the applicant outlines their requests, including property and mortgage details if relevant.

They must also confirm attendance at a Mediation Information and Assessment Meeting (MIAM) or explain any exemption. If they fail to do so, the court is unlikely to issue the proceedings.

Once issued, the court sets the timetable to the First Appointment as follows:

35 days before First Appointment:
  • Each party to file and serve Forms E.
14 Days before First Appointment:
  • The parties to notify the court if they intend to use First Appointment as FDR.
  • The applicant to file a joint market appraisal of the family home (or each party to file separate market appraisal with explanation).
  • Each party to file and serve 3 property particulars for themselves and the other party.
  • The parties to file joint indicative material as to their respective mortgage capacities.
  • Each party to file and serve a maximum 4-page questionnaire.
  • The applicant to file confirmation of service on mortgagees/trustee etc.
2 days before First Appointment:
  • The applicant to file the court bundle (limited to 350 pages)
1 day before First Appointment:
  • The applicant to file Forms ES1 and ES2
  • Each party to file and serve a maximum 6-page Position Statement
  • Each party to file and serve Form H – But if a party is seeking a costs order from their opponent, then they must file and serve a Costs Schedule at least 24 hours before the FA hearing.
The First Directions Appointment

At the FDA, directions are given as to how the case is to proceed which usually include such things as expert and or valuation evidence – by single joint expert if appropriate. The court gives directions for the replies to any questions raised and will give other directions as are relevant to the issues in hand.

The court will then list the matter for a Financial Dispute Resolution hearing, unless there is the need for a further directions hearing, any interim application to be determined, or can also send the parties to some form of Alternative Dispute Resolution (ADR) such as mediation or arbitration. Alternatively, the court may jump straight to a Final Hearing if appropriate.

Phase 2 – to the end of the Financial Dispute Resolution Hearing

After the FDA, the parties must comply with the directions as ordered. However, the standard directions provide as follows:

7 days before FDR:
  • The applicant to file Forms ES1, ES2 and composite chronology.
2 days before FDR:
  • The applicant to file the court bundle (limited to 350 pages).
1 day before FDR:
  • Each party to file and serve Form H.
  • Each party to file and serve a maximum 12-page Position Statement.
The Financial Dispute Resolution Hearing (FDR)

The ground rules for the hearing are well established. It is a ‘meeting for the purposes of discussion and negotiation’ – Rose v Rose [2002] 1 FLR 978. The parties are expected to be open minded in their approach, and to make offers and consider sensibly any responses. The entire hearing is conducted off the record and is ‘without prejudice‘. As such any papers filed including offers and counter offers are removed from the court file if the case does not settle. Furthermore, the Judge hearing the FDR is not permitted to preside over the final hearing in due course.

If no settlement is achieved at FDR, the court will list the matter for a Final Hearing and give whatever further directions may be appropriate to ready the case for the final hearing.

Phase 3 – to the end of the Final Hearing

21 days after FDR:
  • Each party to file and serve open proposals
Approximately 28 days before final hearing
  • Pre Trial Review (if judicial resources permit)
14 days before final hearing
  • The applicant to file and serve a statement of orders sought
  • Each party to file and serve a Form H1
7 days before final hearing:
  • The respondent to file and serve statement of orders sought
  • The applicant to file Forms ES1, ES2 and composite chronology
2 days before final hearing:
  • The applicant to file the court bundle (limited to 350 pages)
1 day before final hearing:
  • Each party to file and serve a maximum 15-page Position Statement

 

The parties must again comply with any outstanding directions.

A full Schedule of Costs on FORM H1 is required – which is more detailed than the Form H filed at previous stages.

Final Hearing

Here, the parties submit themselves to the mercy of the presiding Judge. The Judge will hear evidence from both parties who will face questions and cross examination in the witness box. Any experts whose evidence is challenged are also likely to face cross examination. The advocates then make closing submissions and the Judge delivers a decision and issues the final order.

Case Closed

And there you have it – the entire financial remedy proceedings from start to finish in a nutshell. There are many reasons why some cases take longer than others, but the framework and deadlines outlined above are the ones to make a note of and follow. Failure to do so can lead to costs penalties against the party at fault, and will certainly do little to enamour them to the Judge at any hearing along the way.

Contact

Paradigm Family Law have a team of experienced and highly recommended divorce lawyers to help guide you through the process of divorce, just waiting to hear from you.

If you would like more details on this or want to discuss your family law matter, please do not hesitate to contact Frank or Evelyn. Paradigm Family Law offers a free initial consultation with a top rated divorce lawyer and our fixed fee solutions cover financial proceedings from start to finish. You can call us on 01904 217225 or email us to info@paradigmfamilylaw.co.uk.