Legal Guide: Financial remedy proceedings – step by step

ATTEND A MIAMS APPOINTMENT
(Mediation Information and Assessment Meeting)

If mediation is unsuitable or no agreement reached obtain MIAMS exemption form

FILE FINANCIAL REMEDY APPLICATION AT COURT

Form A

MIAMS Form

Issue fee of £255

SERVICE OF FINANCIAL REMEDY APPLICATION PAPERS

Direct by the court through the post on Respondent or Respondent’s Solicitors

Applicant or Applicant’s solicitors to serve Lender over any property, the subject of dispute

Applicant or Applicant’s solicitors to serve Pension Providers of pensions relating to either party

COURT TIMETABLE

Court sets a timetable on issue of application

Date set for filing and service of Financial Forms E

Date set for filing and service of preliminary documents comprising:

• Concise statement of issues
• Chronology
• Questionnaire (if relevant)
• Form G
• Form H detailing costs incurred up to and including the FDA

(NB costs throughout are not usually recoverable from the other side save in exceptional circumstances)

FIRST DIRECTIONS APPOINTMENT (FDA)

If all information is available, parties may agree to treat the FDA as the Financial Dispute Resolutuon Hearing (FDR) and try to settle the case and agree a consent order

IF NOT

Court considers each party’s questionnaire and strikes out/amends any questions as is appropriate

Sets a date in which each party must respond to the other’s questionnaire, if one has been raised

Gives directions to futher case which can include but is not limited to:

• valuations of properties and businesses
• updating information
• mortgage raising capacity
• suitable alternative properties for future accommodation

Sets a date for the Financial Dispute Resolution Hearing (FDR)

COURT TIMETABLE FOLLOWING FDA

Replies to qustionnaire to be filed and served on each party within set timetable

Without prejudice proposals sent to other side with a view to settlement prior to the FDR

IF AGREED

Consent order drawn up by applicant’s solicitors, signed by all parties and sent into court with the request to vacate the FDR appointment to conclude the case

IF NOT

Applicant’s solicitors to file with the court prior to the FDR all without prjeudice offers

Applicant’s solicitors to prepare bundle of relevant paginated documents for the FDR to include:

• A summary to the background of the case
• Chronology
• Statement of issues
• Both parties to prepare position statements for the hearing to be exchanged at court at the FDR and a copy handed to the Judge
• Form H to be filed and served detailing costs up to and including the FDR

FINANCIAL DISPUTE RESOLUTION APPOINTMENT (FDR)

A without prejudice meeting designed to try to settle the case by agreement

Court imput into decision making with the Court being aware of any offers made prior to the FDR or on the day

Court may give indication of likely settlement designed to asist parties in reaching agreement

IF AGREED

Court or legal representatives will draw up consent order for all parties to sign there and then and the Court will approve it

IF NOT

The Judge hearing the FDR is excluded from presiding over the final hearing

Any further necessary directions set by the Court such as statements from each party

Court sets a date for the final hearing

COURT TIMETABLE FOLLOWING FDR

Updating of all disclosure

Compliance with any directions set by the court at the FDR

Applicant’s solicitors to update and prepare trial bundle for use by all parties at the final hearing

Filing of trial bundle 4 days befire final hearing

Form H1 detailing costs incurred up to and including the final hearing

FINAL HEARING

Opportunity at Court prior to commencement of hearing to try to settle the case by agreement

IF AGREED

Court or legal representatives will draw up consent order for all parties to sign and then it will be presented to the court for the court’s approval.

IF NOT

Both parties will give evidence on their Forms E and other disclosued documents to the court

Each party can be cross-examined by the other party or their legal representative

Each party will sum up their case to the presiding Judge

Presiding Judge will give judgment and make decision on division of assets, awards of maintenance etc

NB the court cannot impose a child maintenance order on either party. Only if child support is agreed, can the terms can be included in the order and approved by the court

IMPLEMENTATION OF TERMS OF ORDER

Relevant party to deal with implementation of the terms such as:

• Sale of property
• Assignment of policies
• Closure of bank accounts
• Pension sharing
• Payment of lump sums
• Petitioner in the divorce proceedings to obtain Decree Absolute (see order of divorce proceedings flow chart)