What is a Final Hearing within financial remedy proceedings?

The Final Hearing will usually be the third and final court hearing within financial remedy proceedings. The Judge will make a decision on your financial position and impose a settlement on you and your husband/wife if agreement is not reached.

Prior to the Final Hearing, there may be a Pre-Trial Review Hearing which determines whether the previous orders and directions have been complied with. This will take place approximately six weeks prior to the Final Hearing and if the Judge is not satisfied that an effective Final Hearing can take place, they will make additional directions which will need to be undertaken before the Final Hearing.   Also prior to the hearing, you and your ex-partner will need to make proposals and offers to settle the case.

The Final Hearing may last up to several days depending on your circumstances and the number of issues with the judge will be deciding, and this will be confirmed in advance as you and your spouse will be required to attend and you may be asked to give oral evidence to the Judge. On the day, the applicant’s representative (usually a barrister) will begin with submissions to the Judge and the respondent’s representative will then follow. This provides an opportunity for the Judge to understand the facts of the case.

Cross examination will then take place of both you and your spouse, which is when you will be asked questions by the other person’s barrister and the judge so that you can give your evidence.  This will take up most of the Final Hearing . If any witnesses are required to attend then the same process will apply to them.

Closing submissions will then take place, this is the final opportunity for both yourself and your partners representatives to put forward your case and make arguments on your behalf. The Judge will then provide a Judgement which can either be done orally on the day, or in the days succeeding the Final Hearing. This will be the final decision that the Judge makes based on all of the evidence provided to them and a Financial Remedies Order will be prepared reflecting the decision on how the assets are to be divided.

This is the third in a series of articles about different stages within financial remedy proceedings. The others include:

First Directions Appointment (FDA)

Financial Dispute Resolution (FDR) Hearing

Our specialist Family Law solicitors are experienced in explaining your options, guiding you through the process and ensuring the most effective approach to securing the right outcome for you.