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Financial remedy proceedings

Financial remedy proceedings

The family department recently represented a wife in financial remedy proceedings against her husband. The wife had been the victim of domestic abuse for many years and a restraining order was made against her husband, for him not to approach/contact her. The husband was subsequently sentenced to a term of imprisonment.

Given that the wife was the victim of domestic abuse, she was entitled to public funding because she was in receipt of a low income, working part time hours.

The wife was very nervous and anxious to conclude matters between herself and her husband so that they were financially separated from each other.

The wife wanted no more than to split the matrimonial assets 50/50 but the husband refused to engage in any meaningful negotiations. The husband chose to “bury his head in the sand” so to speak and his approach, caused the wife a great deal of stress and anxiety.

We issued an application for a Financial Remedy notwithstanding the fact that the husband was in prison. We arranged for the Court papers to be personally served upon the husband whilst in prison and a hearing date was set. The husband did not attend the first hearing. A second hearing date was set and the husband failed to attend again. The Court ordered the husband to be personally served at the prison again and a final hearing was set down. The Court order stated that if the husband failed to attend the final hearing, an order would be made in his absence.

The husband attended the final hearing. During pre-hearing discussions, the husband agreed for the matrimonial assets to be split 50/50 and matters were agreed before the final hearing. The District Judge approved the agreement and matters were concluded amicably.

The wife was extremely pleased with the outcome which ensured that she is now financially separated from her husband, which means that neither party can make a claim against the other, in the future. A clean break was ordered by the court.

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