Expert advice and evidence is often necessary in Financial Remedy Proceedings. You may need an expert to provide a valuation of the family home or other property, a valuation of a business and advice as to the income it can provide and frequently, a pension expert to advise as to how any pensions should be shared.

Applications to instruct experts are dealt with in Part 25 of the Family Procedure Rules. 

In financial remedy proceedings, getting your Part 25 application for the instruction of an expert right the first time is crucial and could have drastic and expensive consequences for your case if not properly drafted. You may find that the Court refuses the application, or your chosen expert is not acceptable.

At Greens Solicitors LTD, we understand that preparing compliant Part 25 applications can be challenging and we are here to help.

Why Compliance Matters

The Family Procedure Rules (FPR) Part 25 sets out strict requirements for introducing experts in the Family Court. Non-compliance can lead to:

• Costly delays in proceedings; 
• Cost applications being made against you;
• Additional hearings;
• Potential prejudice to your case.

Pitfalls in Part 25 Applications 

With our knowledge and expertise in financial remedy proceedings, we have seen applications fail due to:

• An expert with the wrong qualifications being provided;
• Insufficient detail about an expert’s qualifications;
• Lack of clarity about the necessity of the work the expert will undertake and the questions to be addressed;
• Lack of an explanation of why an expert’s evidence is needed;
• Missing information in the application;
• Failure to comply with FPR Practice Direction Part 25;
• Failure to negotiate with the other side the wording of the letter of instruction.

If you instruct us to act as your solicitors to prepare a Part 25 application or to review an application before it is submitted to the Court we can assist you negate any of the common pitfalls we often see. We will be able to help you address why the expertise is required, the issues the expert will address, how the expert evidence will assist the Court and whether the expert evidence is required.

It is becoming more frequent that some experts will not undertake work if someone is not legally represented. We can assist with this and communicate directly with the expert on your behalf. 

We as a firm have a good relationship with experts and can recommend the best suited expert for your case. Don’t risk having your Part 25 application rejected. Contact our specialist matrimonial finance team to discuss a way forward.