PART 9APPLICATIONS FOR A FINANCIAL REMEDY

CHAPTER 5Procedure after filing particular applications

Procedure before the first hearing9.19.

(1)

Not more than 14 days after the date of the issue of the application both parties must simultaneously exchange with each other and file with the court a financial statement referred to in Practice Direction 5A.

(2)

The financial statement must—

(a)

be verified by F1a statement of truth; and

(b)

contain the following documents only—

(i)

any documents required by the financial statement; and

(ii)

any other documents necessary to explain or clarify any of the information contained in the financial statement.

F2(2A)

The requirement of paragraph (2)(a) relating to verification by statement of truth does not apply to the financial statement of either party where the application has been made under—

(a)

Article 56 of the Maintenance Regulation, using the form in Annex VII to that Regulation; or

(b)

Article 10 of the 2007 Hague Convention, using the Financial Circumstances Form,

but the court may at any time direct that the financial statement of either party shall be verified by a statement of truth.

(3)

Where a party was unavoidably prevented from sending any document required by the financial statement, that party must at the earliest opportunity—

(a)

serve a copy of that document on the other party; and

(b)

file a copy of that document with the court, together with a statement explaining the failure to send it with the financial statement.

(4)

No disclosure or inspection of documents may be requested or given between the filing of the application for a financial remedy and the first hearing except copies sent with the financial statement or in accordance with paragraph (3). (Rule 21.1 explains what is meant by disclosure and inspection.)