by Azaria Cheddie 28/07/2021
An application for Financial Relief refers to any application for financial provision of any nature.
These applications are governed by Part 12 of the Family Proceedings Rules, 1998 and can be made by an attorney-at-law on behalf of a client who is married or a cohabitant for financial relief for him or herself. It can also be made by a parent or guardian on behalf of a child for financial relief for the said child.
These applications can be made at any time which means that there does not have to be divorce or other proceedings pending.
Interested persons can apply for one or more applications for, for example, periodical payments, maintenance for oneself or child, a lump sum, a matrimonial home order or variation or a previous order.
The evidence needed to furnish said applications consists of a detailed affidavit which sets out the income, capital, assets and liabilities of the applicant as well as the grounds on which the application is made.
These applications must be in the appropriate practice form and can be filed in any court office.
When the said application has been processed, the court office will set a date for a directions hearing. The court rules for service of the application depends on whether or not there are other on-going proceedings with respect to the marriage or children or property.
The respondent is usually given 28 days to respond to the affidavit unless the parties are agreed on the terms of the order as to financial relief.
Where the parties are agreed on the terms of an order for financial relief, the may refer the agreement to the court by filing a draft order in the terms agreed expressed as being “By Consent” and signed by the parties’ attorneys.
Where the parties are agreed on the terms of an order for financial relief, the may refer the agreement to the court by filing a draft order in the terms agreed expressed as being “By Consent” and signed by the parties’ attorneys. The said draft order must be accompanied by the statements of capital, income, assets and liabilities in the appropriate practice form and agreed, certified and correct by the parties.
The court will then consider the terms of the agreement and information supplied to make an order to take effect on or after the granting on a decree nisi (if there are divorce proceedings pending).
Legal fees are governed by the Family Proceedings Rules, 1998.
This post does not constitute or provide legal advice neither does it establish an attorney-client relationship. If you need legal advice, please contact an attorney directly.