At any time during and after a divorce ; annulment of a marriage [nullity] ; judicial separation, the court may be needed to settle disputes relating to money ; property and other assets.
This may cover many things such as temporary financial arrangements for maintenance ; maintenance settlement and amendments due to changing conditions ; lump sum payment ; pension sharing ; attachment orders ; sale or transfer of property.
There are three stages in obtaining the Financial Order:-
- The first appointment
- Financial Dispute Resolution [FDR]
- The final hearing
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YOU NEED three copies of FORM A, [ notice of application ] which you submit to the same court office that dealt with or is dealing with your divorce ; nullity ; judicial separation
along with a fee.
Which you submit to the same court office that dealt with or is dealing with your divorce ; nullity ; judicial separation
along with a fee.
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ALL PARTIES WILL RECEIVE – FORM C [Notice of the First Appointment]
This will give you details of when and where this appointment with a judge will be held.
This is when the judge will consider your case.
Both parties must personally attend. Failure to do so may mean you have to pay the other party’s costs of attendance.
This first appointment must be held between 12 and 16 weeks from the date you filed FORM A.
The date of The First Appointment can only be adjourned [changed] with the court’s permission.
This may seem like a long time but it is done in order to allow both parties time to file documents at court and exchange copies between parties. This exchange will include FORM E [the Financial Statement]
When you receive FORM C it will tell you which other documents must be filed at the court and served on the other party. This must be done at least 14 days before the First Appointment.
If you do not follow these deadlines the judge may make an order for costs against you.
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BEFORE THE FIRST APPOINTMENT both parties must each complete FORM E including the sworn oath, which says that the contents of the completed FORM E are true and complete.
If you have not conformed to the conditions of the oath you could find you have committed perjury and that could jeopardise your case.
Some judges do not enforce the conditions of FORM E, therefore some solicitors tell their clients it is not enforced and that they do not comply. You do so at your own risk.
The submission and exchange must happen at the same time. Therefore the two parties or their solicitors must agree a date and time.
Most commonly they are put in the last post of the agreed day.
This must be done no later than 35 days before the date of the first appointment.
At any stage of the proceedings either party can make a written offer to the other to settle all or part of the dispute relating to the application for ancillary relief.
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THE FIRST APPOINTMENT is held before a judge who may :-
- Direct as to how the case will proceed.
- Request further information and adjourn to a new date and time; giving due time for the information to be received.
- If conditions permit and both parties agree, he may make a final order with respect to your financial application.
- Refer the case to a Financial Dispute Resolution [FDR] hearing if the matter is not sorted out at the First Appointment.
- Adjourn for both parties to go to “Mediation”
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WHAT IS A FINAL DISPUTE RESOLUTION [FDR] ?
It is an informal hearing, where the judge will help both parties to come to an agreement on the points on which you are unable to agree.
Both parties must attend unless the court orders differently.
No later than 7 days before the hearing, details of ALL offers and proposals – that have been received from the other party and any that have been made by the party who applies for the order – must be submitted
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THE FINAL HEARING
Should you not come to an agreement at this point, the Judge will arrange the date for the final hearing.
The judge at the final hearing will not be the same one who dealt with the FDR.
This judge will consider all the evidence and make a final order.
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WE HAVE REACHED AN AGREEMENT.
At any stage in the proceedings – even after the FDR hearing – both parties are encouraged to arrive at a mutual agreement on all issues.
Any agreement that you have managed to hammer out between you is usually better to live with than one that a judge may make.
You can ask the court to approve your draft order [agreement] .
In the event no agreement is reached the judge will make an order based on all the evidence.
Other than for interim orders, the court cannot issue the FINAL ORDER until the Decree Nisi is pronounced.
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INTERIM ORDERS
Both parties can at any time during the proceedings before the final order is made, apply for an interim financial order.
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COURT STAFF
You will find that the court staff are very helpful, patient and understanding.
They can help you in certain aspects of the administration of the proceedings.
They are not at liberty to give you ANY legal advice. They can tell you which forms you need and when the various forms have to be returned by, as well aswhat the respective fees are.
The COURT OFFICE is a very busy office and whilst the staff are very willing to help guide you they do not have the time to listen to things that do not concern them.
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I hope you have found this site helpful in understanding what you are facing. I would suggest after having read everything, you go and relax, then tomorrow return and go through it again stage by stage until you feel you clearly understand it.
If you have already been to a solicitor and they explained what will happen etc., you no doubt felt as though it was all too much to take in.
When you came home you could not remember everything you were told and felt you could not face going back to go through it again.
Now you can check and double check as much as you like. Then when you see a solicitor you will not be as confused plus you could take a copy and ask them to clarify anything you are not sure of.