What do Financial Remedies Proceedings look like?

In most cases, the dispute between spouses can be resolved without an application to the Court to commence financial remedy proceedings needing to be made. Some cases though cannot be resolved amicably, so it is useful to understand what the court process will look like to understand what is going to happen.

First, assuming that a Mediation Information and Assessment Meeting has been attended or an exception to attending this meeting can be claimed, a Form A application will need to be drafted and sent to the Court. The Court will then formally issue proceedings and notify the respondent spouse that an application has been made.

The Court will also ask that each spouse completes a Form E, which is a comprehensive document where one must disclose all the assets and liabilities in their name, as well as disclosing their income needs. The Court will also set a date on which this exchange needs to take place, so that each spouse has a copy of each spouse’s Form E. The Court will also expect each party to file a Form FM5, stating their views on why Non-Court Dispute Resolution has not happened or has failed. If solicitors are involved, then further documents will need to be filled in such as a Form H which states the costs a person has incurred, and the completion of an ES1 and ES2, which give an overview as to the case.

The Court will also state the day on which the first hearing is due to take place. At this hearing, a Judge will consider what information has been obtained, and if there are any gaps in the evidence that need to be filled in before the Court would be able to make a determination. The Court will then direct that information be obtained to fill in said gaps. For instance, if there is a dispute as to the value of a property, the Court may order that a joint valuation be undertaken, with the parties being bound to the price delivered, or a pension report required.

The next hearing that will be held is the Financial Dispute Resolution hearing, or FDR for short. At the FDR, a judge will consider the financial situation and needs of both parties, and provides an indication of how they would divide the finances were they hearing this matter as a final hearing. This helps with negotiating, as each party knows that if they were to take this matter to a Final Hearing, they may spend thousands of pounds and end up in no better position, or even a worse position, than the indication at the FDR hearing. For this reason, the majority of Court cases conclude at this point. This hearing is conducted on a Without Prejudice basis, meaning that any discussions held at this hearing cannot be raised at a final hearing, including the indication of the Judge.

It is important to note that if parties are satisfied that the evidence has been disclosed, the First Appointment can be heard as an FDR instead, which can significantly save on costs and time.

Should the FDR hearing not produce an agreement, the parties will be given further directions to complete in advance of the next hearing, which will be the Final Hearing. At the Final Hearing, each party is given the opportunity to question the other party, though the questioning is usually done by the barrister representing each party. The Court may also ask some questions, and each spouse will need to swear or affirm to answer those questions truthfully. Following the conclusion of questioning, the Judge will decide how the finances should be divided. Each party will be bound by that order.

There are many directions to abide by in financial remedy proceedings, and each case is unique. It is therefore advisable to get legal advice in relation to this. At Johnson Astills, our expert solicitors are able to guide you through this and help you understand what steps need to be taken when.

Please get in touch with the Family Team today and we would be more than happy to discuss your matter further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.