Financial remedy

Hi,

I would like to know how to contest a financial remedy application. The only guides on the web is for legal representatives.

My stbx moved out of the MFH 9 months ago on her own wish and is now claiming financial abuse under DA Act 2021. She does not want to attend MIAM. We did attend 2 sessions of MIAM last August as per request of her own solicitor but never heard anything further since.
How can her solicitor now claim exemption under DA Act 2021. it doesn't make sense to me.
I am reprenting myself now as out of funds.

Thank you

Has your ex put in a Form A application for financial remedy? If she has you will receive a Notice of First Appointment. This will give you the date of the first hearing and set out what you need to do before it.
This will include completing form E financial disclosure and both filing it with the court and exchanging with each other by a given date.

If she has claimed exemption from MIAM that's just a formality; it won't impact the outcome. The courts do encourage settlement by agreement if possible and could send you back to mediation.

The first step is to establish what assets and liabilities you each have and to assess your respective needs for housing and income, now and in the future. That will form the basis of settlement.

Financial settlement is based on needs first. Conduct is very rarely considered. If she wants to run a conduct case she will need to ask for leave to provide a conduct statement and you be given the opportunity to respond to it.

There's lots of information on this site to help litigants in person through the court process. You can ask questions in the forum, search for similar questions, use the library resources and access our fixed price support services if needed.

Hadenoughnow

Thank you for the info. My situation is very very complicated. I have been accused of criminal offences (SA) last year and there will be a Jury trial for next year as I'm pleading not guilty. The OP abandoned the FMH last year with our 2 daughters 18+ now.
On the other hand I still live live in the FMH with my son. He lives full-time with me and visits the other party on weekend and half school holidays. The OP also pays me CM for our son who is 16 since April 2023
The accusation of signs of financial abuse has been for the FR has been linked to the criminal case by my barrister in terms of her behaviour. I had the understanding that nothing can go forward until the other cases are not sorted.
On top of that the OP solicitor is asking for 5 property proposals for the OP. She is already renting a 4 bed house since last year!!!!.
The FR hearing is next week and no papers have been exchanged yet as the notice is made on the wrong name, the court have been informed of this and I am waiting what to happen. At this present moment I cannot make any proposals or have any mortgage capacity as i am at risk of losing my job due to the criminal proceedings. I have already lost 1 job and my second is on the line. The solicitor is also claiming expenses fro me. It's a shambles.
Thank you

The notice of first appointment requires each party to provide details of suitable housing. This is so the court can see the cost of meeting housing need and how far the available capital can go towards meeting that. She may be in a rental property now but if the FMH is owned it will likely need to be sold, especially if it is too large for your strict needs.
If you know the name is a simple error then why not go ahead with Form E? There is a costs risk of you fail to comply with court directions.
You will need to provide evidence if your case is that the criminal proceedings have to be resolved ahead of financial matters.

Hadenoughnow

Thank for the reply,
Will the Judge not take into considerations That my son lives with me full-time and he needs a roof over his head. On top of that I cannot rent anywhere and at risk of losing my job. The OP is on 32K and i am only on 25K. I am also classed as disabled with limited capability of work. In terms of the name error, this is done deliberately and it's not the first time. Therefore now I have applied for FR myself with the right name on all documents.The OP is claiming mediation exemption for the FR, but we are going to mediation for the small claim court for other finance related issues. Nothing makes sense.

It depends how big the FMH is and how much equity there is in it as well as other liquid assets. Your strict need is a 2 bed property. Lack of earning capacity (evidenced) may be a factor in any settlement.
If you are cross applying the court will decide which application to accept. TBH it is a waste of time and money, a name is easily corrected. The name on the financial papers should be the same as on the divorce petition and marriage certificate.

We can give better guidance on likely settlement if you provide more details. I would suggest though that you book a fixed price legal financial consultation or at least a free chat about how it may help.

Hadenoughnow

Hadenoughnow

cab the Judge make the decision on the first hearing?