The phrase
"financial remedy" refers to a solution or action taken to resolve or improve a financial situation or problem. It often involves measures such as debt repayment plans, budgeting, or seeking professional advice to overcome financial difficulties.
Full definition
In financial remedy cases, the parties will personally apply to the court for an order confirming the terms of the award.
The changes only relate to contested
financial remedy applications which will continue to be issued at the regional divorce centre and then transferred to the local court.
I help clients across the whole range of family law including complex
financial remedy cases, involving high value assets, bankruptcy, and disputes between unmarried couples.
Under the current system, if one of the party's contests the other's application
for financial remedy, all of the divorce proceedings are transferred to a local court.
The firm is «very strong in all areas» including high - net -
worth financial remedy proceedings, separation agreements, the freezing of assets and various other matters.
Acting for a high net worth wife in divorce and
financial remedy proceedings against a husband who was a director and shareholder of an international publicly - listed company.
He has had extensive exposure to
financial remedy cases at all levels, which frequently involve disputed company assets, international issues, and trusts.
In both high net worth and ordinary divorce cases, when dealing with a spouse's
financial remedy application, the court's overall objective is to achieve a fair result.
An additional practice that has grown in popularity among many practitioners, where the parties have the financial resources, is the use of a private financial dispute resolution appointment (FDR), the FDR being a key part
of financial remedy proceedings in a divorce.
The highest court in the land has allowed the appeals lodged by Alison Sharland and Varsha Gohil, thus meaning that fraud will have a bearing
on financial remedy proceedings in the family courts.
In Canada, absent an action for malicious prosecution — which as explained above, is rare in the extreme — there is no direct
financial remedy available to an individual who has been on the wrong side of Crown discretion.
• Representing a wife in a
complex financial remedy dispute involving multiple third party interests asserted by extended family members
Mortgage refinance is becoming a
popular financial remedy, especially for those who are burdened by large monthly installments or multiple debts.
Royds Withy King's recent caseload included a healthy diet of cross-border mandates involving pre-nuptial agreements and
financial remedy disputes relating to spousal maintenance claims, tax matters and business assets.
The seminal case of Miller v Miller; McFarlane v McFarlane [2006] UKHL 24 created the three guiding principles of «needs», «compensation» and «sharing» in determining the quantum of ancillary relief (now known
as financial remedy) claims.
Costs do not follow the event in family matters but in Fisher Meredith v JH & PH (
Financial Remedy Appeal: Wasted Costs)[2012] EWHC 408 (Fam), [2012] All ER (D) 157 (Mar) the High Court held that that made no difference to the principles in relation to applications for wasted costs.
The share price has drifted lower in this vacuum — a rather unwarranted setback, as I believe there are some operational &
financial remedies possible / available.
He warned that the government's «lamentable history of procrastination» meant that it was unwise to expect «speedy progress», but argued that the differences between the processes made the de-linking a prudent step which would simplify divorce proceedings and take the strain off the
oversubscribed financial remedies administration:
The starkest example is the question of whether the public or the press should be allowed to
view financial remedy proceedings.
The «excellent» practice at Blake Morgan LLP regularly
handles financial remedy matters; wealth preservation advice including pre-nuptial and post-nuptial agreements; onshore and offshore asset management; and tax matters.
Claim early for sacking, overriding objective strikes, well done Phipson & financial remedy abuse
Although, as in
most financial remedy proceedings, the key issue was whether the husband had the available wealth that the wife claimed, there was an additional, complicating factor that the wealth may have been in the hands of the husband's extended family (outside England and Wales) and the court would need to be satisfied that the money would be paid.
It is self - evident something has gone wrong
when financial remedy proceedings initiated in July 2010 are reset to that starting position in January 2017.
In parallel, however, there ran enforcement proceedings in respect of an
interim financial remedy order issued in December 2010, that the husband make periodical payments of # 10,000 each month (and which went unpaid).
That's the cover colour of the 2013/14 edition of At a Glance — essential tables for
financial remedies just published by the Family Law Bar Association (FLBA) and pushed to be read with its companion program @eGlance.
It was necessary to afford an
adequate financial remedy for the purpose of acknowledging the infringement and compensating, to some extent, for the injury to feelings, the embarrassment and distress caused.
The team is «always prepared to listen and discuss the merits of different options» and its recent caseload
included financial remedy and international divorce proceedings involving high - value assets, cohabitee property disputes and pre-nuptial agreements as well as pension sharing orders and spousal maintenance matters.
The FRU, as it is known, has judges and administrative staff who are solely dedicated to
financial remedy work.
By contrast, he stressed, there had been no speculation or awareness of the Gallagher /
Appleton financial remedy proceedings in the run up to last week's hearing.
Inevitably, cases turn very much on their own facts and, rather frustratingly, unlike within the context
of financial remedy proceedings on divorce, there are relatively few reported cases to refer to for guidance as those cases that have been reported tend to have been of a «big money» nature and have little relevance to the majority of separating cohabitants.
The court procedure
in Financial Remedy applications means that approximately 90 % of all cases settle at the Financial Dispute Resolution hearing, which is akin to in - court mediation, rather than go to a final hearing when a judge determines the outcome.
Laura specialises in a range of family law issues arising from cohabitation and divorce with particular focus
on financial remedy to children matters, such as residence and contact.
The high profile and well known case of Wyatt v Vince [2015] UKSC 14, [2015] 2 All ER 755, involved a unanimous decision of the Supreme Court that an ex-wife's application
for financial remedy claims made almost 20 years after the grant of decree absolute should not be struck out.
applications under Pt III of the Matrimonial and Family Proceedings Act 1984 (MFPA 1984), once permission has been obtained under MFPA 1984, s 13, should continue under the same procedure as other
financial remedy applications;
She has over the last year been involved in several sets of
financial remedy proceedings where the majority of the parties» wealth is tied up in a family business and the primary issue has been the value of the company and the ways in which funds can be extracted from it to buy out one spouse's interest.
Phrases with «financial remedy»