A Form H is a document detailing an estimate of the party’s costs, including those already incurred and those expected to be incurred. In financial remedy proceedings, both parties must complete the Form H before every hearing or appointment.
This helps the court and the parties monitor the costs of the divorce proceedings, and ideally encourages parties to reach a settlement to prevent their assets from being depleted by disproportionate legal fees.
Once a Form A has been filed to initiate financial remedy proceedings, the matter will be scheduled for a First Appointment.
According to Part 9.27 of the Family Procedure Rules, a Form H estimate of costs must be filed and served at least one day before each hearing or appointment with the Court. This form should outline the total costs incurred to date and the anticipated future costs up to the final hearing.
This process ensures that both parties and the Court are aware of the costs incurred so far and highlights the potential financial implications of proceeding to a final contested hearing if a negotiated settlement cannot be reached.
It’s important to note that negotiations can occur at any time during the financial remedy proceedings. Both parties are encouraged to reach an amicable settlement to prevent solicitors’ fees and associated legal costs from diminishing the value of the marital estate.
Additionally, before the final hearing, a Form H1 Statement of Costs must be filed, detailing the full costs. This allows the Court to make an informed decision on any final order regarding the financial remedy.
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