Lecture notes
Family Law and Practice LPC LG03 D1
- Module
- Family Law
- Institution
- City University (City)
Family Law and Practice LPC LG03 D1
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LEGAL PRACTICE COURSEFamily Law
Large Group 3
Topic(s)
Financial Remedies – Practice and Procedure
Learning Outcomes:
By the end of this session you will be able to:
Outline the procedure for claiming a financial remedy
Session Activities:
Tutor led discussion
Materials Attached:
In-Session: Session Outline
Form A (see 2019-lpc-fam-d1b)
Form E (see 2019-lpc-fam-d1c)
Notes to Form E (see 2019-lpc-fam-d1d)
Preparation for Session:
Read Chapters 10 and 11 of the CLP Family Law in Practice (if necessary, this
reading can be completed after the session)
For background reference only: read Part 9 of the Family Procedure Rules 2010
and Practice Direction 9A of the Family Procedure Rules 2010 (if necessary, this can be
carried out after the session)
Review MCA 1973 s25
Post-Session:
Review your notes from the session and read to ensure you understand fully all parts of
the procedure
2019-lpc-fam-lg03-d1.docx 1/ © City, University of London 2019
, LEGAL PRACTICE COURSE
In-Session: Session Outline
Financial Relief: The Process/Procedure
Remember: on divorce or dissolution of CP→ court can make various financial orders (financial
remedies)
But do not need to go to court:
– Many are settled by consent/negotiation/mediation (must go through mediation before)
Financial remedies are “discretionary” i.e. depends on the circumstances of each case
• Consider Section 25 and apply to the facts of your case
• Consider the Orders available – what is appropriate to both parties?
-Starting point is 50/50 split, but each case on its facts→ then use s.25 to depart from 50/50 split,
and see if one party gets more (s.25 helps to depart from equal split), then consider what is
appropriate order
First things first…
(a) Before submitting a formal claim for financial relief, what issues should you
discuss with the client?
(i) The Former Matrimonial Home
If the former spouse is not named on the title deed, they will have a ‘home right’, need to register
this right (as the non-owning right) to prevent the other spouse from selling without their
knowledge, and cannot be removed from property without court order
If client owns matrimonial home as joint tenants→ sever joint tenancy to make tenancy in
common, and client can then do what they want with their share (and then amend will)
(ii) Legal Aid (relevant?)
Only available where domestic violence + low income (very limited)→ legal aid is not free, if
receive financial settlement then Legal Aid Board can recover their costs e.g. settlement of £50k
and Legal aid costs were £20k, then they can recover this→ ‘statutory charge’ will apply for costs
to be recovered→ advice client this
(iii) Any Potential Problems if a formal claim is made?
-Check the petition (prayer section)– what financial orders were ticked? (has the petititon been
completed properly, in s.10/11 it states financial orders, and tick no and then after want it, then
need permission of the court)
-Remarriage trap? (client finds new partner, and wants to get married, need to warn if they
remarry and financial settlement has not been done, then financial standing of new partner may
then be taken into account→ new partner can be seen to provide extra money and therefore ex-
spouse will not have to pay→ if re-marry the PPO will stop)
-Apply sooner rather than later – why? (advice client to apply for financial settlement sooner
rather than later as better because the sooner the matter will be resolved and the sooner they
can start afresh)→ if delay there is also danger that the wealthier party may start to hide and
spend and sell their assets, and therefore will not have as much to distribute to ex-spouse→ need
to act in clients best interests, so if
(iv) Minimising Costs
(b) Court proceedings are seen as a “last resort” or can be used “tactically” to
preserve a financial claim in the event that mediation breaks down.
© City, University of London 2019 2/8 2019-lpc-fam-lg03-d1docx
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