Evidential issues for the final hearing of an application for a financial remedy
Evidential issues for the final hearing of an application for a financial remedy

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Evidential issues for the final hearing of an application for a financial remedy
  • Powers of the court
  • Disclosure
  • Notice to admit facts
  • Notice to admit or prove documents
  • Witness and party evidence
  • Expert evidence
  • Representation
  • The hearing

In relation to preparation for a final hearing generally see Practice Note: Preparation for the final hearing of an application for a financial remedy.

For practical guidance on cases allocated to a High Court judge, including the Statement on the Efficient Conduct of Financial Remedy Hearings (1 February 2016) (as amended) (the statement), see Practice Note: Financial remedy proceedings allocated to a High Court judge.

Key requirements as to evidence in family proceedings are contained in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 22 and FPR 2010, PD 22A. The procedural requirements for an application for a financial remedy are contained in FPR 2010, SI 2010/2955, Pt 9 and FPR 2010, PD 9A. In relation to procedure in financial remedy proceedings generally, see: Financial provision—practice and procedure—overview.

Powers of the court

The court may control evidence by giving directions as to:

  1. the issues on which it requires evidence

  2. the nature of the evidence it requires to decide those issues, and

  3. the way in which the evidence is to be placed before the court

The court has the power to exclude evidence that would otherwise be admissible.

The court has the power to permit a party to adduce evidence, or seek to rely on a document, even where a party has failed to comply with the evidence requirements of FPR 2010, SI 2010/2955,