This is an important narrative statement which sets out your case within financial remedy proceedings. The statement is typically used as your ‘evidence in chief’ at the final hearing. This means that it must only include evidence rather than any arguments.
It is called a ‘Section 25 Statement’ because it should refer to the various applicable factors under Section 25 of the Matrimonial Causes Act 1973 that you would like the Judge to take into account when deciding what Orders to make at the final hearing.
This includes the following:
- the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
- the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
- the standard of living enjoyed by the family before the breakdown of the marriage;
- the age of each party to the marriage and the duration of the marriage;
- any physical or mental disability of either of the parties to the marriage;
- the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
- the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
- in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.
A Section 25 Statement is typically ordered by a Judge at the Financial Dispute Resolution (FDR) hearing, to be filed with the Court and served upon your ex-partner a few weeks before the final hearing. This provides you with the opportunity to review your ex-partners statement prior to the final hearing so that they can be cross examined on the contents of the statement.
If you have any questions about this issue, please contact our specialist divorce and finance team who would be happy to assist.
