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A Financial Remedy Order is where the Court decides the best way to divide finances, property and other assets after a separation. This includes any money held in bank accounts, investments and pension funds, business assets and arrangements for the family home.
Oct 12, 2023 · What a wife will get as a divorce settlement depends on the section 25 factors. In the UK there is no statutory formula to say that the wife gets the family home or the husband keeps his pension or business. Instead, divorce solicitors have to look at all the circumstances and the section 25 criteria. If a couple has dependent children, then ...
Nov 3, 2023 · Discover the ins and outs of financial settlements in divorce, including typical UK settlements and what your spouse is entitled to in a fair settlement.
- Key Documents
- Key Changes to Procedure
- Documentation and Bundles
- Duty to Negotiate
- Wellbeing
- High Court Proceedings and Injunctions
On 11 January 2022, the following were published: (a) Statement on the Efficient Conduct of Financial Remedy Hearings. This sets out detailed changes to procedure and exhibits the following which must be used in proceedings: (i) A precedent schedule of assets and income; and (ii) A precedent case summary template. (b) A document entitled Primary Pr...
Allocation
Upon lodging Form A, the applicant must also file the aforementioned allocation questionnaire, unless it is wholly impractical to do so. More significantly, the applicant should seek to consult the respondent for the purposes of completing the questionnaire. Upon issue, every case will be allocated to an individual judge who will either deal with all hearings, aside from the FDR, or all hearings up to and including the FDR, with another judge being allocated to the final hearing.
First Appointment
Fourteen days before the First Appointment, the following steps ‘should’ (rather than ‘must’) be taken: (a) The applicant shall file with the court a jointly obtained market appraisal of the family home. If obtaining a joint appraisal has proved to be impossible, each party should file their own market appraisal and be prepared to explain the reason why a joint appraisal could not be obtained. (b) Each party should use their ‘best endeavours’ to file and serve no more than three sets of prope...
FDR
Prior to the FDR the applicant ‘must’ file no later than seven days before the hearing: (a) Updated composite case summary and composite schedule of assets and income; and (b) A composite chronology recording the key dates of the relationship and the litigation, clearly denoting any events which are not agreed. The parties ‘must’ collaborate before the hearing to produce the key documents. It is unacceptable for the court to be presented at the FDR or a final hearing with competing asset sche...
Section 25 statements and any other witness statements ‘should not’ exceed 15 pages in length, although that does not derogate from the 25-page limit in PD27A, which should be regarded as a maximum. Likewise, the length of position statements is limited, ranging from six pages for the First Appointment up to 15 pages for a final hearing. Practition...
Practitioners are reminded of the obligation to negotiate openly and reasonably. Position statements for each hearing must contain short details of what efforts the parties have made to negotiate openly, reasonably and responsibly. Failure to make reasonable attempts to compromise cases in open negotiation ‘will be met by cost penalties’.
On a positive note, there should not be an expectation that any email sent after 6pm to another practitioner or litigant will be answered before 8.30am the following working day. Sending emails between those times is strongly discouraged. Engaging in email correspondence between those hours is acceptable, however, where there is a reasonable prospe...
The Primary Principles document includes a reminder that financial remedy proceedings must be dealt with in the family court, rather than the High Court. No order will ever be made upon allocation that transfers a case out of the Financial Remedy Court to the High Court, save in the limited circumstance where a freezing ‘mirror’ order application i...
Oct 4, 2021 · This was based on a range of information, including the net annual amount required by the wife, her life expectancy, and the assumed rates of inflation, investment return, capital growth on the investment portfolio, and growth in tax reliefs and rate bands.
22.02.22. All change in the Family Court — a review of recent reforms designed to improve efficiency. Evie Niblock Associate. This article relates to: Family. Divorce and separation. The purpose of the statement is to “enhance efficiency in the disposal of financial remedy cases.
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How to work out splitting up money, property and possessions when you divorce or dissolve a civil partnership - including mediation.
