Financial remedy proceedings in family law cases involve several phases, each with its own set of activities and deadlines. Here's a detailed overview of the process, broken down into three main phases:
Phase 1: From Issue of Proceedings to the First Directions Appointment (FDA)
Either party initiates the proceedings by filing a FORM A (financial remedy) or alternatives, along with necessary details and confirmations.
The court sets a timetable leading up to the First Appointment, including deadlines for financial disclosure, property appraisals, and questionnaire filings.
• 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.
At the FDA, the court gives directions for the case's progression, including expert evidence and potential alternative dispute resolution options.
Phase 2: From the First Appointment to the Financial Dispute Resolution Hearing (FDR)
Parties comply with the directions set at the FDA, with deadlines for filing forms, court bundles, and position statements.
The FDR serves as a negotiation meeting, conducted off the record and without prejudice. Parties are encouraged to make offers and consider responses.
If no settlement is reached at the FDR, the court lists the matter for a Final Hearing and provides further directions as necessary.
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: Up to and Including the Final Hearing
• 21 days after FDR - Each party to file and serve open proposals
• 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.
Parties file open proposals and statements of orders sought, along with updated court bundles and position statements.
Pre-trial reviews may occur approximately 28 days before the final hearing, if judicial resources permit.
At the final hearing, parties present evidence, face cross-examination, and make closing submissions before the judge makes their decision and issues the final order. 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.
Conclusion
Following the outlined framework and deadlines is essential in financial remedy proceedings to avoid penalties and ensure a smooth legal process. While cases may vary in complexity and duration, adherence to these guidelines is crucial for a successful outcome and favourable impression with the court throughout the proceedings.
