CORONAVIRUS UPDATE APRIL 2021

A message to our clients:

With the recent move to allow shops and offices to fully re-open, we will continue to review our policy on clients attending our offices. Currently, we are not inviting clients into the office but we are able to briefly meet with clients by appointment at the door of the office. Please note that face coverings are still required indoors until further notice. We remain committed to following the Government guidelines as rules continue to change in line with the easing of lockdown.

We continue to operate our business as usual across all the services that we offer our clients, both current and prospective.

We continue to offer teleconference-based or telephone consultations.. We are aware that not everyone has been offered full vaccination yet and understand that some people may feel safer continuing with socially distanced communications.

Our family and wills / probate solicitors continue to offer initial advice remotely by video conferencing and by telephone for up to one hour (as advertised on this website). Please call us if you would like to speak to one of our experts.

If you have a case in court, please telephone us so we can discuss representation.

We appreciate your patience, support and understanding over the past year since the restrictions related to the pandemic began. We hope you continue to stay safe, and wish you a brighter 2021!

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Financial Remedy Proceedings Process

Financial Disclosure

There is an ongoing duty on parties to provide full and frank financial disclosure. This means that if there are any changes to their finances while negotiations are being conducted, these must be disclosed. The court expects both parties to be open and honest in financial matters, otherwise the court may set aside a transaction or freeze assets.

Starting a Financial Remedy Case

There are usually three court hearings involved:

  • The first hearing is a Preliminary Hearing, where the judge will know more of the issues involved in the case and decide whether further evidence is required. A case may conclude, at a first hearing, if the court has sufficient evidence and the parties negotiate a settlement on the day. In the event that an agreement is not reached at the first hearing, the case will proceed to a Financial Dispute Resolution Appointment (FDRA).
  • FDRA – this hearing allows a judge to review the evidence in the case and assist the parties in reaching an agreement. It is likely that expert evidence, such as valuations of properties, pensions and businesses, will have to be filed. If an agreement is not reached at the FDR stage, the judge will adjourn the case for Further Directions or to a Final Hearing.
  • Final hearing – at the final hearing, the parties will give oral evidence and the case be supported by the evidence they had filed with the court. At the end of the evidence, the judge will make a judgement and decide what the final order consists of.

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