Preparation for the final hearing of an application for a financial remedy
Preparation for the final hearing of an application for a financial remedy

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

  • Preparation for the final hearing of an application for a financial remedy
  • Open offers
  • Pre-trial review
  • Bundles and preliminary documents
  • Estimate of hearing
  • Costs statements
  • The hearing

If the financial dispute resolution (FDR) appointment is unsuccessful and no agreement can be reached, the court will give directions as to future steps, what evidence is to be filed and for the matter to be listed for final hearing. Either party may apply for directions at the FDR appointment.

In some cases the court may consider that a further FDR appointment is appropriate to provide the parties with an additional opportunity to settle matters. The benefit of this approach is that it may reduce costs. If the parties are unable to settle, and a further FDR appointment will serve no purpose, the matter will proceed to final hearing. The purpose of the final hearing is to determine the application. Any directions made at the FDR appointment must be complied with. See Practice Note: Conduct of the financial dispute resolution appointment.

Directions made at the FDR appointment will vary depending on the individual circumstances of the case. Common directions include:

  1. the updating of financial disclosure prior to the final hearing—the client should be advised that the obligation to provide disclosure continues throughout the proceedings and the court will require an up-to-date picture of the parties’ finances (including valuations where appropriate) prior to the final hearing, see Practice Notes: The duty of disclosure in financial proceedings and Effects of non-disclosure in financial proceedings

  2. in some circumstances, expert

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