Financial Remedy
What is a Financial Remedy Order?
When a married couple petitions to divorce in the UK, they need to also resolve relevant financial issues. This is commonly referred to as financial remedy proceedings, with a Financial Remedy Order. This is a process by which a couple's assets and income are divided upon divorce or separation. The objective of financial remedy is to provide a fair and reasonable financial settlement between both parties.
Application
The procedure for financial remedy in the UK begins with an application to the court. The application form is called Form A. This application can be made by either party involved in the divorce or civil partnership dissolution. The application is made to the family court, which has the jurisdiction to hear and decide such cases.
First Appointment
Once the application is received by the court, the first step is to arrange a hearing to determine how to proceed with the case. At this hearing, the court will consider whether there is a need for further hearings and what type of financial remedy order is required.
The next step is to gather all relevant financial information from both parties. This includes assets, income, and expenses. Both parties are required to provide full disclosure in a Form E of their financial situation, including any debts, savings, pensions, and other assets. Both parties may raise questions regarding the disclosure. If a property is involved, the court may order to instruct an expert on valuation and tax issue. Failure to provide full disclosure can result in the court imposing a penalty.
Both parties shall exchange their proposals/offers to settle their case before the next hearing.
Financial Dispute Resolution Hearing (FDR)
If no settlement is reached, FDR will happen. The main objective of an FDR hearing is to encourage parties to reach an agreement on financial matters before proceeding to a final hearing, which can be expensive and time-consuming. The FDR hearing is an important stage in the financial remedy proceedings as it provides an opportunity for both parties to have a frank discussion and negotiate a settlement.
At the FDR hearing, the judge may provide an indication of how they would likely decide if the matter proceeded to a final hearing. This is intended to encourage parties to make a realistic settlement offer that is in line with what the judge might decide at a final hearing. If parties reach a settlement at the FDR hearing, it will be recorded in a legally binding court order, which can be enforced in the future.
Final Hearing
The Final Hearing is the last stage in financial remedy proceedings in England and Wales. It is where the parties present their evidence and legal arguments to the judge who will then make a final decision on how the couple’s assets will be divided. It is important to note that the vast majority of cases are settled before reaching the Final Hearing stage, either through negotiations or via alternative dispute resolution methods such as mediation or arbitration. However, if the parties cannot come to a mutual agreement, then the Final Hearing will be the final chance to make their case.
During the Final Hearing, each party will have the opportunity to present their case to the judge, including calling witnesses if necessary. The judge will then make a final ruling, taking into account all the evidence and legal arguments presented. The Final Hearing is a crucial part of the financial remedy process and it is important for both parties to prepare thoroughly to ensure the best outcome.
Conclusion
Financial remedy can be a complex and challenging process, and it is essential to seek legal advice from solicitors who have excellent knowledge and experience in family law.
Permanent residence policy changes; stopping certification of tech talent
Today we will look at the changes to other immigration categories in the Immigration Rule Changes Statement
The requirement for continuous residence of 10 years has been revised to exclude short-term stays on visas from being counted towards achieving permanent residency
People who have been legally resident in the UK for 10 years, also known as 'Long Residence', are eligible to apply for Indefinite Leave to Remain, also known as UK Permanent Residence or UK Green Card.
Ten years of continuous lawful residence means the applicant has resided in the UK uninterruptedly for the last ten years on an authorized visa. Applicants may hold a combination of different types of Visas of varying lengths of time, including student visas, business visas and various short-term visitor visas.
However, this Immigration Rule Change Statement removes the eligibility of various short-term visas and some residence situations to count towards ten-year permanent residence.
The specific types and circumstances of the disqualified visas are as follows:
- Short-term Tourist Visitor Visa
- Short-term (English) Study Visitor Visa
- Seasonal Temporary Worker Visa
- EA stay during the corona outbreak
- Staying during Immigration Bail
Immigration Bail is a procedure used when a person is at risk of imprisonment because of their immigration status, mainly for visa overstays or asylum seekers whose appeal rights have been exhausted.
It means after 13 April, ten years of permanent residence with any of the above residence conditions will have to be recalculated.
Contact us immediately so we can help you prepare your documents and submit your application as soon as possible before the new policy comes into effect if you are in any of these situations and are about to meet the 10-year permanent residence requirement.
The Tech Nation will cease operation, and the list of certified agencies for the global talent visa has updated
In the previous article, we mentioned that the immigration department addressed the list of sponsors for the Innovator Founder Visa. This change will also apply to The Global Talent Visa.
As a Visa category for the admission of high-caliber talent, the Global Talent Visa requires very professional qualifications from applicants.
To be eligible for this Visa, applicants need to have a proven track record of winning prestigious awards in the industry or an endorsement from a professional accreditation body in their field.
The list of accredited sponsors that can approve endorsements to Global Talent Visa applicants after 13 April 2023 will also have an update.
The certification body has announced new changes in tech Nation, a technology certification body for digital technology (fintech, gaming, cybersecurity, artificial intelligence) talent.
In January 2023, the UK media reported the Tech Nation had lost its government funding, leading to Tech Nation ceasing operations on 31 March 2023.
Tech Nation is a government -funded organization dedicated to facilitating the scaling of the UK tech ecosystem. Over the past decade, Tech Nation has helped grow and scale over 5000 startups, including Revolut, Monzo, Ocado, Skyscanner, Delivery and many more.
Tech nation is also one of the certifying bodies for the Global Talent Visa, certifying and helping the UK government bring in hundreds of talented individuals in the digital technology sector.
The new immigration rule change statement does not specify how the immigration Service will process applications for Global Talent Visas that have been or will be certified by Tech Nation.
However, Tech Nation has confirmed that they will continue to process applications already submitted for certification as usual after 31 March in the absence of a published alternative accreditation.
Chan Neill Solicitors can advise digital technology talent applicants of the visa pathways that are still available and find alternatives on a client-by-client basis. If you have any questions, contact our immigration team.
Personal Injury Claims: How Our Law Firm Can Help You Seek Justice and Compensation
Personal Injury Claims: How Our Law Firm Can Help You Seek Justice and Compensation
Suffering a personal injury can be a life-altering event, leaving you with physical pain, emotional distress, and financial burdens. At Chan Neill Solicitors, we understand the challenges you face and provide legal support to help you navigate the complexities of personal injury claims. In this article, we will explore 5 main steps to obtaining the compensation you deserve.
Comprehensive Legal Guidance
Our experienced team of personal injury solicitors are well-versed in the complexity of personal injury law. We will carefully evaluate your case, analyse the evidence, and provide you with an honest assessment of your legal options. With our guidance, you will be given options on how to proceed with the case.
Investigation and Gathering Evidence
To build a strong personal injury case, it is crucial to gather evidence. Our dedicated legal team will conduct a thorough investigation, collecting medical records, accident reports, witness statements, and any other relevant evidence. We will diligently work to establish liability and prove the extent of your damages.
Negotiating with Insurance Companies
Dealing with insurance companies can be a daunting task. Our skilled solicitors will handle all communication and negotiations on your behalf, ensuring your rights are protected and you will receive fair compensation. We will advocate for your best interests and fight against any attempts to undervalue or deny your claim.
Expertise in Litigation
We strive to achieve favourable settlements through negotiation. We will evaluate and if necessary, we prepare to take your case to court. Our solicitors possess the skills and experience needed to effectively present your case before a judge. We will tirelessly support for your rights and fight for the maximum compensation you deserve.
Maximising Compensation
We understand the financial impact an injury can have on your life. Our team will work diligently to accurately calculate your damages, including medical expenses, lost wages, rehabilitation costs, pain and suffering, and future financial implications. We are committed to maximising your compensation to help you rebuild your life and secure your future.
At Chan Neill Solicitors, we believe every personal injury victim deserves justice and fair compensation for their losses. Our law firm provides comprehensive legal assistance, guiding you through the personal injury claims process, and fighting relentlessly on your behalf. If you or your loved one has suffered a personal injury, contact our team today for a confidential consultation. Let us help you navigate the legal procedure, seek the justice you deserve, and rebuild your life after a personal injury.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified personal injury solicitor at Chan Neill Solicitors for specific guidance regarding your case.