The Financial Relief Court Procedure


The Financial Relief Court Procedure

  • The Applicant issues proceedings at court by filing Form A and form FM1 and paying a court fee of £255.00.
  • Upon receipt of the Form A, the court will timetable the case so that the parties must file documentation by certain dates and a hearing is fixed to decide preliminary issues. The court will serve the parties with the timetable in Form C and a copy of Form A.
  • Some 5 weeks before the First Appointment hearing, both parties must file at court and upon each other a Financial Statement in Form E setting out their respective financial positions with supporting documentation.
  • 14 days before the First Appointment both parties must file at court and upon each other a Statement of Issues, Chronology, Questionnaire and Form G which will clarify the contested issues. The mortgagee and pension provider must also be served with a copy of Form A.
  • The First Appointment – Both parties must attend court with their legal representatives. It is likely that an order for directions will be obtained which will deal with the timing of filing of further documentation and expert evidence and joint valuations. A hearing date will also be fixed for the Financial Dispute Resolution Hearing. Between the First Appointment and the Financial Dispute Resolution Hearing the parties will comply with filing documents in accordance with the Order for Directions obtained at the First Appointment.
  • 7 days before the Financial Dispute Resolution Hearing the Applicant will file copies of all without prejudice offers at court.
  • At least 2 days (or such other date as may be specified) before the Financial Dispute Resolution hearing the Applicant must file a bundle at court.
  • The parties and their legal representatives attend the Financial Dispute Resolution Hearing with a view to trying to achieve a settlement. If a settlement is reached at the Financial Dispute Resolution Hearing the Applicant will draft a consent application for the court approval. If a settlement is not reached, all without prejudice correspondence will be removed from the court file and the matter will be listed for a Final Hearing. The District Judge who listened to evidence at the Financial Dispute Resolution hearing will not be able to sit as a District Judge at the Final Hearing.
  • 14 days before the date set for Final Hearing the Applicant must file copies of all open proposals at court and file a court bundle with a costs estimate.
  • Both parties must attend the Final Hearing with their legal representatives. After listening to evidence from both parties, the District Judge will give his final judgement.

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