FAMILY LAW

Our family law solicitors based in East London, South Woodford, led by Ms Mehri Jafari, Solicitor, aims to bring a swift and stress free conclusion to your legal issues.

Experienced Family Lawyers in East London, South Woodford.

We at Joseph Thaliyan Solicitors, realise that if you need legal advice and assistance for your family law issues, it can be stressful and serious matters including child custody, family financial disputes etc. We can provide you with excellent advice and proper care throughout the conduct of your case.

We can provide assistance in the following family matters;

Divorce

Financial Disputes and Financial Resolutions

Judicial separation and nullity

Financial matters – including issues after overseas divorce

Deeds of separation

Pre -nuptial agreements

Financial injunctions

Child Arrangements Orders and Child Custody Orders

Parental Responsibility

Prohibited Steps Orders

Specific Issue Orders

Non-Molestation Orders

Occupation Orders

Transfer of Tenancy

We understand that the prospect of losing the right to see your children or the considerable financial difficulties arising because of the divorce, or even losing your assets, can be extremely stressful and difficult for you.

We will commit ourselves and will be focused on helping you and supporting you throughout your difficult situation. We will be aiming to achieve the best possible results in your case.

It may be necessary to go to court in relation to your Family matter. We can represent you in the court proceedings and the legal process. Joseph Thaliyan Solicitors team of family law solicitors can help you from beginning to the end, giving up most importance to your interests, advising and representing you every step of the way.

The Family Financial Remedy Proceedings

In our family team at Joseph Thaliyan Solicitors in East London, we provide you with legal advice and assistance in relation to all aspects of your family matters including your financial disputes with your spouse/partner. Our family solicitors in East London will be with you throughout your case and during each phase of the Financial Remedy Proceedings, where you cannot resolve your financial disputes out of court.

Accordingly, our family law solicitors can represent you in relation to the three main phases of the financial remedy proceedings and within a concise timetable of your case.

Phase 1 – from issue of the proceedings to the end of the First Directions Appointment (FDA);

The First Directions Appointment (FDA) also known as First Appointment FA is the first hearing in financial proceedings. It is generally related to the disclosure of the documents by the parties and assessment of the financial issues which should be resolved by the family court.

The FDA is scheduled by the Family Court when either party makes an application for financial remedy by completing and submission of the Form A (Notice of [intention to proceed with] an application for a financial order).

However, it is important to note that first there must be proceedings ongoing for divorce or civil partnership dissolution before submission of the Form A; further the final financial order/consent order can only be made/approved by the family court, if the decree nisi is issued by the family divorce court.

Second, in addition to the above requirement, the applicant must also provide confirmation from a qualified mediator to confirm attending a Mediation Information and Assessment Meeting (MIAM) or must provide details of any exemption with relevant documents. You will be exempted from MIAM if you are a victim of domestic violence.

After the financial application, the court sets the timetable and directions for resolving the documentation and evidential issues and make sure that the parties has disclosed all relevant documents and information in relation to their assets and incomes.

Before the hearing, your family solicitors will advise you on a number of documents which are examined by the court and will be assisting you to prepare the specific family court documents and forms.

Some of the family court documents which should be prepared before the FDA hearing are as follow:

Form E

Chronology

Statement of Issues

Questionnaire

FORM G – confirmation as to whether the matter is suitable to be heard as a financial dispute resolution hearing (FDR) at the FDA hearing, or not.

Following the FDA, your family solicitor will advise and assist you in order to deal and comply with the directions under the FDA court order. The court will then list the matter for a Financial Dispute Resolution (FDR) hearing. In some cases there may be the need for a further directions hearing, any interim application to be determined for example when a third party intervenes.

The court can also send the parties to some form of Alternative Dispute Resolution (ADR) such as mediation or arbitration or a private dispute resolution meeting with the both parties’ representatives, if they agree.

During the preparations for the FDA and the FDR, your family solicitors will advise you in relation to the court documentations. We here include a brief information about the standard family documents, so you can get familiar with them.

Form E

What is Form E and why it is an important form in the Matrimonial and Family Proceedings? Form E is the Financial Statements of the parties in a detailed form format, in which you and your partner/spouse are required to clarify and confirm the assets, income and financial need of the parties. Our family solicitors will advise and assist you in relation to the completion of the form E and with preparation of the documents which should be attached to the form before the submission. This form is an important form as it includes the details of parties’ income, assets, pensions and outgoings and expenses, which are considered throughout the family proceedings; it would be criminal offence if a party gives a false information in the form and tries to mislead the court deliberately. The parties must both file their respective Financial Statements at least 35 days before the First Appointment.

Questionnaire

The questionnaire in the family court proceedings is prepared to ask further details and information about the Form E and it can be considered a response to the other side’s Form E.

In order to assist you in relation to preparation of the questionnaire, our family solicitors will hold a conference with you and we will go through the Form E of the other party, so we can set out a list of questions you want answered and information or documents you want the other side to produce. The parties are required to produce full and frank answers to each of the questions included in the questionnaire

During the first appointment FDA, the family court will examine each questionnaire and confirm whether each question is relevant and proportionate to the family financial matters. In the First Directions Appointment hearing, the court will make an order for the parties to prepare answers to the questionnaire.

Statement of issues

A statement of issues is a family court document, in which the parties/their family solicitors set out the differences between the parties in relation to the financial matter. This document allows the court and the parties to focus on the important issues. Accordingly, the family court sets the directions and timetable (Court Orders).

Chronology

A chronology related to the family proceedings is a brief outline of some of the detail and includes all significant events concerning the parties’ family matters and their children. It is designed to provide a brief of key family events for the court.

Phase 2 – from the FDA to the Financial Dispute Resolution hearing (FDR)

The Financial Dispute Resolution hearing (FDR) is the family court hearing after the FDA in the proceedings for a financial remedy. This hearing process has been considered under Chapter 4 of Part 9 of the Family Procedure Rules 2010 (standard procedure). Under the Family Rules, this hearing is a without prejudice hearing, it means that the parties’ given information and discussions cannot be used as an evidence in the final hearing. Accordingly, the judge who sits at the FDR hearing will not the same family judge in the final hearing.

The FDR hearing provides an opportunity for the parties to negotiate a full and final financial settlement with the input and assistance of a family judge. The FDR judge will look at all relevant information, including without prejudice offers made by each side, and will give an opinion on the case of each party and try to assist the parties in reaching an agreement.

The parties must also file details of all offers, proposals and response including without prejudice offers at least 7 days before the FDR, so they can negotiate on the main points. Your family solicitor will assist you throughout the negotiation process before and during the FDR hearing.

The family law has set the main principles for the FDR hearing and the rules are well established under the context of a ‘meeting for the purposes of discussion and negotiation’ – Rose v Rose [2002] 1 FLR 978. Accordingly, the parties are expected to be open minded in their approach, offers and they are required to consider sensibly any responses. The parties will not be worried about their discussions and the offers, as under the principles of “without prejudice” all are off the record and therefore any papers filed including offers and counter offers are removed from the court file if the case does not settle. Furthermore, as mentioned before, the Judge hearing the FDR is not permitted to sit in the final hearing.

If no settlement is achieved at FDR hearing, the parties can still try to settle the matter before the final hearing. Your family solicitor will be assisting you to reach an appropriate agreement with the other party, so you can save the costs of the final hearing. As to the final hearing, the court will give further directions if necessary, so the case can be ready the case for the final hearing.

Phase 3 – to the end of the Final Hearing

At this stage, your family solicitor will advise you on the costs of the final hearing in details and will assist you to comply with the outstanding directions, if any.

It is important to note that the applicant must file a statement setting out her/his open proposals. This statement must be filed at the court and served to the Respondent not less than 14 days before the Final Hearing, then the Respondent must reply and file her/his open proposals 7 days thereafter.

A full Schedule of Costs on FORM H1 must then also be filed by your solicitors, not less than 14 days before the Final Hearing.

If your financial matter proceeds to the final hearing, the judge will be deciding about all disputes between you and the other party. Then, the Judge will hear evidence from both parties, within which both parties will face questions and cross examination in the witness box. Also if the evidence of the experts is challenged, then they may also be required to attend, answer to the questions and cross examined; then the respective parties’ advocates will make closing submissions. At the final stage, the Judge makes her/his findings, decision and ultimately the final order.

For obtaining more details or if you would like to instruct a family solicitor to act in relation to your financial and/or divorce proceedings, please do not hesitate to contact us. We at Joseph Thaliyan Solicitors offer a free initial consultation for 20 minutes and a fixed fee for each phase of the financial proceedings. You can call us on 02085862222 and speak to our family solicitor Mehri Jafari or email us to mehri@jtsolicitors.com or to our office info@jtsolicitors.com .

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