Divorce: Court Process for Financial Remedies
What happens if a financial agreement cannot be reached?
If all attempts to negotiate or mediate a settlement are unsuccessful, an application to the Court within divorce proceedings for a Financial Order can be made.
Upon receipt of an application for a Financial Order, the Court will fix a timetable which involves both parties completing a comprehensive financial statement form.
The form will set out fully what each parties’ financial circumstances are, and they will be required to provide documentation such as mortgage statements and bank statements, as supporting evidence.
What is the court process for financial remedies?
Once this has been submitted both parties will attend Court for what is known as a First Directions Appointment (FDA) where a Judge will consider the case, look at what issues are in dispute and what are not, and direct how the case should proceed. The spouses then go away and comply with the directions before returning to Court for a Financial Dispute Resolution (FDR) hearing.
It is important that at the FDR hearing the Judge is in possession of all the relevant facts surrounding the case.
Without hearing evidence from either spouse, the Judge will give an indication, based on the paperwork provided, about the outcome he or she thinks is most appropriate.
The purpose of this step is to encourage the spouses to reach an agreement which is broadly in line with the Judge’s recommendations.
If this does not result in a successful agreement between the spouses, then the matter is adjourned for a final hearing at which evidence is given and both parties are cross examined about their financial circumstances.
Only a relatively small percentage of cases reach this stage and inevitably they are the ones which take the longest and are the most expensive.
Get in touch today. Our solicitors are trained in finances on divorce.
The first phone call is likely to be the hardest to make but our Family Law Team knows and understands what you are going through. We will work with you throughout your case as much as is required, independently, sensitively, discretely and compassionately.