Dear Clive

Dear Clive Mr Clive McKeag - our senior consultant provides advice on a range of legal issues and is published weekly in the Chronicle Extra.

Dear Clive

 

What are Financial Remedy Proceedings?

 

Dave

 

Dear Dave

 

When you go through a divorce it is usual to sort out financial matters.

 

You have to be at Decree Nisi stage before the court can make an order.

 

Before a Judge will make any order (by agreement or after a contested hearing) he has to consider things like the ages of the parties, the length of the marriage and current asset, property and debts details and income details.

 

In order to agree settlement often there will be 'an informal exchange of forms E' -where the parties fill in court Form E and provide supporting documents.

 

If agreement is not possible after informal exchange of information then the usual next step is to apply to court for proceedings to be issued.

 

The person who is applying to court has to attend MIAM to obtain a certifictae from a mediator to enable them to start proceedings. You can also resolve issues in mediation.

 

Court Proceedings:

 

  • First Appointment is where the Judge looks at the issues and what evidence and documentation is needed. Simple cases settle at this Hearing. If not then it is listed for the FDR.
  • FDR is where everyone tries to resolve matters without a contested hearing. They often take several hours but the majority of cases do settle at or shortly after FDR.
  • If not the matter is listed for a Final Hearing where you have to give evidence and be cross examined. The judge makes a decision.

 

 

Please contact one of our Family specialists on 0191 213 1010 for further advice.

 

Clive