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< back to Financial orders following divorce

If the parties have been unable to reach an agreement, either through mediation, solicitor negotiation, the collaborative process, discussing issues themselves or by other means, then the next step may well be to invoke the Court’s involvement and seek a Judge’s decision. This involves issuing a formal application within divorce proceedings and the process is referred to as ‘Ancillary Relief’.  Financial proceedings can only be issued after the divorce has been commenced.  In certain situations applications to the Court are made at the very outset of a case before any real negotiation has taken place. 

What then happens is as follows: Upon the issue of the application, for which a fee of £210 is required, the Court will list the case for an initial directions appointment referred to as the First Directions Appointment (FDA).  In readiness for that appointment the parties are required to file:

• a Form E, which is a financial statement which must be sworn on oath; a questionnaire which seeks further disclosure from the other party based on omissions in their Form E, issues in the case and disclosure generally;
• a chronology setting out the history of the relationship;
• a statement setting out the issues between the parties; and
• an indication of the costs incurred to the date of that FDA.

At the FDA both parties and their legal representatives attend and the Judge decides what further disclosure and directions are needed to prepare for the FDR. If, prior to the FDA, the parties are satisfied that the information they have had from their spouse is accurate and frank then they can ask the Court to use this appointment as the second hearing. 

The second hearing is referred to as the Financial Dispute Resolution Hearing (FDR).  This is normally the hearing where negotiations take place and hopefully matters settle.  (It is normally the second hearing but if the parties are satisfied, as stated above, that the disclosure produced by their spouse is comprehensive and there are no issues or questions to raise then the FDA can be used as the FDR.)  At the FDR the Judge will consider the issues and give his view on the order he would make if he were hearing the matter at a later contested hearing – or on specific issues which may arise. 

At the FDR hearing both parties must attend with their representatives and must be at Court at least one hour before the hearing so that negotiations can commence.  A significant majority of cases settle at the FDR hearing and certainly pressure is put upon the parties, once the Judge has given an indication, to try to reach agreement.  

The FDR is a without prejudice hearing which means what takes place cannot be referred to in future proceedings.  Further the Judge hearing the FDR cannot be the trial Judge if the matter does not settle. 

If the FDR is unsuccessful and the parties cannot reach an agreement then further directions will be given by the Judge and the matter will be brought on for a trial.  This would involve both parties attending and giving oral evidence.  Time estimates would have to be considered for trial, and these can range from one day to several days and the amount of costs that will be incurred will be dictated by the length and complexity of the case. 

At trial the Judge will hear all the evidence from both parties, any other witnesses and from any experts that may be required.  The Judge will then make a decision and order a settlement that he considers is right for this case.  Grounds for appeal are limited and once the order is made, unless an appeal can be mounted on the basis of law or evidence, the parties will be left with an order regardless of whether or not they consider it to be fair, moral or equitable. The Court process is geared towards settlement and reassuringly very few cases go to trial.

Please contact our Matrimonial team on: tel: 01825 762281

e-mail: matrimonial@dawson-hart.co.uk 

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