07th December 2017
Financial remedy court
I am in a financial remedy court proceedings — what can I expect?
At this point one of you will have issued proceedings — so you will have tried mediation and this will have been unsuccessful.
The court will first provide a date by which each of you will need to exchange a document containing all of the prescribed financial information and documents — this is called Form E. It will have bank statements, payslips, house valuations and pension valuations. There will be a date by which the statement will be filed setting out the apparent issues in the case and another document, requesting further documents in relation to the unsatisfactory disclosure of the other.
There will be the first of possibly three court appointments — the first court appointment is called the First Directions Appointment. At this appointment procedural aspects only are dealt with to timetable the provision of evidence and production of outstanding documentation or disclosure. This is usually due to be produced before the second court appointment.
The second court appointment is called the Financial Dispute Resolution Appointment — this is designed to look at offers that have been made and the issues that remain and the court will try to assist in those areas to see if a settlement can be reached. Many do settle at this point and an order can be made by the court on that date.
If matters do not settle, then a date is listed for a third hearing called a Final Hearing. You will each be required to give evidence, there will be submissions by your representatives and the Judge will make a decision taking into account the evidence, case law and the statutory checklist.
Please contact our specialist family law team, to discuss this issue, or any other issue of family law or relationship breakdown.
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