Financial Remedy Proceedings
At Paradigm Family Law we thought it might be useful to provide a concise timetable setting out the way Financial Remedy Proceedings are dealt with in cases where parties have not managed to resolve their financial claims out of court.
There are three main phases to financial remedy proceedings:
- Phase 1 – from issue of the proceedings to the end of the First Directions Appointment (FDA)
- Phase 2 – from the First Appointment to the end of the Financial Dispute Resolution hearing (FDR)
- Phase 3 – up to and including the Final Hearing (FH)
We will take each Phase in turn and set out the activities and timetable for each.
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 alternatives, when applying for other financial remedies.
Within the FORM A the applicant must set out details of what it is they are seeking, including where there are properties details of the mortgagee(s).
They must also provide confirmation that they have attended a Mediation Information and Assessment Meeting (MIAM) or provide details of any exemption they are seeking to this requirement. 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
14 Days before First Appointment The applicant to file a joint market appraisal of the family home (or each party to file separate market appraisals, with explanation)
14 Days before First Appointment Each party to file and serve 3 property particulars for themselves and the other party
14 Days before First Appointment The parties to file joint indicative material as to their respective mortgage capacities
14 Days before First Appointment Each party to file and serve a maximum 4-page questionnaire
14 Days before First Appointment The applicant to file confirmation of service on mortgagees/trustees, 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
1 day before First Appointment Each party to file and serve a maximum 6-page Position Statement
1 day before First Appointment 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
1 day before FDR 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
14 days before final hearing Each party to file and serve a Form H1
7 days before final hearing The respondent to file and serve statement of orders sought
7 days before final hearing 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, before the respective parties’ advocates make closing submissions and the Judge makes their findings and decision and ultimately 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 James, 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 [email protected].
