Financial Order Procedure - Family Law

Financial order procedure Overall aims of the Family Order procedure a) Overriding objective FPR 1.1 - To deal with cases justly b) To reduce costs and delay by: 1) Ensuring parties comply with the Pre-Application Protocol - 9A PD 2) Imposing a strict court timetable 3) Controlling financial disclosure 4) Ensuring parties are aware of costs they have incurred at every stage 5) Considering at every stage whether ADR is an appropriate way to resolve the issues between the parties - 3A PD 1) Stage 1 - Pre-Action a) The Pre-Action Protocol - 9A PD 1) The parties should consider whether to exchange voluntary disclosure Voluntary disclosure is not appropriate where it is apparent that one party will not willingly make full and frank disclosure or that the parties are not willing to negotiate. 2) This should then encourage negotiations * If these negotiations are successful there is no need to issue an application for a financial order b) The ADR Protocol - 3A PD 1) The parties must consider attending a Mediation Information and Assessment Meeting (MIAM) before issuing financial order proceedings 2) A mediator will assess whether the matter is suitable for mediation: a) If it is the parties will attend mediation b) If it is not the mediator will confirm this on Form FM1. E.g. where: i) There is a history of domestic abuse; or ii) It is clear one party is unwilling to attend the MIAM 3) If the mediation is unsuccessful or the mediator considers the matter not suitable for mediation, one of the parties will issue an application for FOs 2) Stage 2 - Issue application a) Documents to be filed (by applicant) at court to issue an application: 1) Form A - Should tick all boxes in Part 10 to allow for all possible types of financial order 2) Form FM1 - Indicating that parties attended the MIAM or that mediation was not suitable 3) Court fee b) Court issues proceedings by: 1) Sealing the Form A 2) Listing the First Appointment - FPR 9.12(1)(a) c) Documents to be served by the court or applicant on the respondent within 4 days of issue 1) Form A d) Documents to be served by the applicant (FPR 9.13(3)) on non-parties to the case: Form A should be served on: i) Mortgagees (if there is mortgaged property in issue) ii) Trustees of a pension scheme (if there is a pension in issue) e) Other documents to be filed and served prior to the First Appointment 1) Form E (of both parties) - FPR 9.14(1) * Filed and exchanged at least 35 days before First Appointment 2) Form C - Notice of First appointment 2) The 'First Appointment Documents' - FPR 9.14(5) * Filed and served at least 14 days before the First Appointment i) Statement of Issues * Identifies the main issues of dispute between the parties and should be as neutral as possible * The issues may be different valuations, dissipation of money, who bears the liability for the loans, treatment of the FMH ii) Chronology iii) Questionnaire * Used to ask questions regarding the issues outlined in the Statement of Issues * Used to ask where documents missing from the Form E are located / whether they will be forthcoming iv) Form G - Parties state whether they consider the case ready for FDR * If it is the parties might use the First Appointment as the FDR (essentially bypassing the First Appointment stage) * This will likely be if the parties are happy with the Form E disclosure 3) Form H - Written estimate of costs - FPR 9.27(1) * Filed and served either the day before or the day of the First Appointment