Financial Remedy Proceedings

Hibberts offer professional advice, assistance and representation and for any client in relation to the financial aspect of divorce.

As leading Family Law Specialists in Cheshire, our team are able to provide expert advice and assistance to clients through the process and procedure of financial Court proceedings as part of divorces and dissolutions.

Financial remedy proceedings (or previously Ancillary Relief proceedings) are Court cases as part of divorces and dissolutions to resolve the financial disputes. Before these proceedings can be issued, parties should attempt to settle matters themselves and that issuing matters to the Court should be a last resort. However if matters remain unresolved, before issuing Court proceedings parties are required to attend a Mediation Information Assessment Meeting or MIAM unless a relevant exception applies. Where necessary, our Family Law Team are happy to refer you to mediation and draft mediation referral forms on your behalf.

A brief outline of the Court process within financial remedy proceedings would be as follows : –

1) The Court will issue a Form A, Form C and Form G to all parties. The Form C will provide a set of directions to be followed by parties and list the matter for a First Appointment for the matter to be heard.

2) At the First Appointment, the Court will make further directions for the parties to abide by and list the matter for a Financial Dispute Resolution Hearing (FDR).
It should be noted that the Court are happy to facilitate and accept settlements reached at any stage of proceedings.

3) The FDR will go ahead if matters cannot be resolved. In most cases, matters will settle at the FDR. If not, the Court will list a Final Hearing.

4) At the Final Hearing, the Court will ultimately make a Final Order, finalising the division of assets and property.

Our Specialist Family Law team offer services for clients engaged in contested Court proceedings including but not limited to the following: –

• Advising, negotiating and assisting on financial settlements
• Compiling Court Bundles
• Drafting Court documents such as Form E Financial Statements, ES1s, ES2s etcetera
• Preparing open offers and without prejudice offers for financial settlements
• Reading through and advising upon on Court ordered documents such as expert reports
• Where relevant, preparing questionnaires and requests for further information

When providing the above services to clients, we hold what is the best and fair outcome for our clients at the centre of all that we do. Our Family Law Specialists are Accredited with the Law Society and with Resolution.

We understand that the prospect of going to and facing Court proceedings can be intimidating and stressful, and therefore where possible, our Specialist team will seek to resolve matters by way of out of Court financial settlements when within proceedings.

Our Family Law Department offers a fixed-fee initial appointment to all new clients.

Please telephone the office to speak to our Family Law Department  on 01270 624225 or email enquiries@hibberts.com for further information.