At any time after a Divorce Petition has been filed an application can be made to the court on Form A together with a Court fee of £240.00
The Court seals the application and sets a timetable for the future conduct of the case. This timetable will include:
A date for both parties to simultaneously exchange financial statements on Form E together with supporting evidence
A date for both parties to file and serve
- a concise statement of issues,
- a chronology,
- a questionnaire with reference to the issues between the parties,
- a notice stating whether the First Appointment (FA) can be used as a Financial Dispute Resolution hearing (FDR)
- a costs estimate on Form H
- a hearing date for the FA
The parties can start negotiations at any time after the Form E’s have been exchanged and they can reach agreement and settle the case without going to court.
If no agreement has been reached then the FA will go ahead with the aim of defining the issues in dispute. The Judge will give directions with a continued timetable including dates:
- for both parties to file their answers to questionnaires and any further documents
- to submit any joint/individual valuations of property or other assets
- for instructing any experts
- for the FDR hearing
Again, if no agreement has been reached by the time the FDR hearing arrives them both parties and their representatives will attend before the Judge. The objective of the FDR is for everyone to use their best efforts to reach a settlement. If this can be achieved then the judge can approve that agreement
and make it a legally binding Court order. If the process is unsuccessful then the Judge will set the matter down for a further hearing. This might be another attempt at an FDR or as a last resort, trial. The Judge can give further directions but will then have no further involvement in the case.
If the case goes to trial or Final Hearing then the judge will direct the parties to file all their evidence by a certain date. This evidence will include a statement of all the open proposals made by each party to the other, costs estimates up to date, trial bundles and skeleton arguments.
It is always advisable to have important legal documents drafted by an experienced lawyer. At Prince Evans we can advise you and guide you through this process and prepare skilfully drafted documents reflecting your instructions and requirements. Please contact Elizabeth Kornat for further information.
This material does not give a full statement of the Law. It is intended for guidance only and is not a substitute for individual professional advice. Prince Evans can accept no responsibility for loss occasioned as a result of any person acting or refraining from acting.
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