Divorcing couples who cannot agree arrangements about money, property and businesses will apply to the court for a financial remedy order. This court process is called financial remedies proceedings. To speed up, simplify and standardise matters, the way these proceedings will be dealt with has changed. This was announced in the Statement on the Efficient Conduct of Financial Remedy Proceedings issued by Mr Justice Mostyn and His Honour Judge Hessby.
The new rules, which came into force on 22 January 2022, say:
- People who are applying to court, often called parties must fill in a form called an allocation questionnaire when starting financial proceedings and must consult each other where possible. This will mean their case can be dealt with by the right judge and court.
- Before the first directions appointment (FDA), parties must prepare and provide:
- A composite case summary and a new joint standard schedule of assets, setting out all assets and liabilities and highlighting any disputes over values. This will be updated before each hearing.
- A joint valuation of the family home.
- Information about each person’s ability to borrow money.
- Information about each person’s future housing after separation, that means potential costs whether that is rented or owned.
- At least seven days before the financial dispute resolution hearing (FDR), parties must provide:
- An updated composite case summary
- An updated schedule of assets and income
- A composite chronology
- At least seven days before the final hearing, parties must provide:
- An updated composite case summary
- An updated schedule of assets and income
- A composite chronology
- New specifications for the preparation of position statements have been set and page limits have been allocated, which will depend on the type of hearing.
- Position statements must be emailed to the hearing judge (or the court office if no judge has been assigned) by 11:00 on the working day before the hearing and sent to the other side no more than one hour thereafter.
- The existing 350-page limit on court bundles does not include position statements and the composite documents now required.
What does this all mean?
It means that the required documents can be prepared using the outcome documents from mediation.
The process has been simplified and there is now more emphasis on trying to provide joint documents wherever possible. The contents of these documents can be discussed and agreed in mediation.
Ask for information about this process at your individual meeting, called a MIAM, or m information and assessment meeting
Juliette Dalrymple, Family matters’ director says:
“We are finding more and more people are looking at mediation as a way of agreeing financial arrangements after separation – from the smallest shared property and debts to substantial properties and business assets. Mediation is being taken seriously as a way of reaching agreements about financial arrangements.
Find out more about coming to mediation about finances.
