The Court's timetable for financial applications
An applicant must be prepared to explain to the court why mediation or the Collaborative Family Law Process or a negotiated settlement with the help of your solicitor has not worked or is inappropriate (due to dissipation of assets or domestic violence, for example). The procedure that applies to get financial orders is a court-managed scheme designed to reduce delay, facilitate settlements and limit costs. It works in this way:
The Application If Alternative Dispute Resolution (ADR) is inappropriate either a spouse or a civil partner can apply for financial provision through the Court process by completing and filing a standard form.The husband and wife or civil partners are referred to as the parties to the application. A strict Court timetable applies to both parties. The Court will fix a First Appointment to take place 12 to 16 weeks later.
Exchange of Information
Not less than 35 days before the First Appointment both parties must file with the court and serve on each other a sworn statement called Form E setting out full details of their financial and domestic arrangements and plans for the future, attaching specified documents. These documents include:
Following the exchange of these statements either party can prepare a request for further information and documents from the other as long as what is requested is relevant to the issues in the case.
The First Appointment The purpose is predominantly to consider the future conduct of the application. The District Judge will consider the information contained in the parties' statements, together with any requests for further information and documents. S/he may also give directions to cover the valuation of assets and for any further evidence that may be required. S/he will normally refer the case to what is known as a Financial Dispute Resolution appointment (FDR). The FDR will usually take place between 4 and 12 weeks after the First Appointment. In appropriate cases, where both parties already have a full picture of the other’s financial assets and income, the First Appointment may double–up as an FDR thus saving time and costs. Interim financial orders can be made by consent at this appointment, or at any other stage in the process if a suitable application is made.
Financial Dispute Resolution (FDR) Appointment Before the FDR the parties and their legal representatives (often with the benefit of advice from a barrister) will have already considered possible ways in which the case could be settled. Without prejudice proposals for settlement should have been made. The FDR must be treated as a meeting held for the purposes of discussion and negotiation. Everyone should do their best, with the assistance of the District Judge, to reach agreement on the relevant matters in issue between the parties. If a final agreement is reached then the court can make an Order by consent (provided the Decree Nisi has been pronounced). An order made by consent is binding and enforceable in the same way as a court order made following a contested trial.
If, however, no agreement can be reached, the District Judge will give further directions for the case to be set down for a final hearing at which the parties will give evidence and the District Judge will determine the outcome and make an order (give judgment).
Obligations of the Parties The overriding objective is to enable the court to deal with cases justly. Both parties are required to assist the court to achieve this. Both parties must attend personally all the appointments at court. The time limits are strictly enforced and both parties are under an obligation to ensure that full and frank disclosure is made. Orders for costs may be made against a party who delays or fails to provide information or documentation when requested. At every court appointment each party, usually via their solicitor, is required to provide an estimate of costs incurred to date.
The parties have a duty to negotiate and the process encourages the parties to make sensible and realistic offers. If the matter proceeds to a final hearing the parties are required to make open proposals which are notified to the Court within 14 days of the date fixed for the hearing.
The Application If Alternative Dispute Resolution (ADR) is inappropriate either a spouse or a civil partner can apply for financial provision through the Court process by completing and filing a standard form.The husband and wife or civil partners are referred to as the parties to the application. A strict Court timetable applies to both parties. The Court will fix a First Appointment to take place 12 to 16 weeks later.
Exchange of Information
Not less than 35 days before the First Appointment both parties must file with the court and serve on each other a sworn statement called Form E setting out full details of their financial and domestic arrangements and plans for the future, attaching specified documents. These documents include:
- any property valuations obtained in the last 6 months
- the most recent mortgage statement
- the last 12 months’ bank statements relating to all types of banking, building society and investment accounts including PEP’s, TESSA’s and ISA’s
- the latest surrender value quotations for all life assurance policies, including endowment policies linked to the house
- the last two years’ business accounts and any documentation evidencing the value of the business
- the last three payslips and most recent P60
- the most recent valuation of pension rights
Following the exchange of these statements either party can prepare a request for further information and documents from the other as long as what is requested is relevant to the issues in the case.
The First Appointment The purpose is predominantly to consider the future conduct of the application. The District Judge will consider the information contained in the parties' statements, together with any requests for further information and documents. S/he may also give directions to cover the valuation of assets and for any further evidence that may be required. S/he will normally refer the case to what is known as a Financial Dispute Resolution appointment (FDR). The FDR will usually take place between 4 and 12 weeks after the First Appointment. In appropriate cases, where both parties already have a full picture of the other’s financial assets and income, the First Appointment may double–up as an FDR thus saving time and costs. Interim financial orders can be made by consent at this appointment, or at any other stage in the process if a suitable application is made.
Financial Dispute Resolution (FDR) Appointment Before the FDR the parties and their legal representatives (often with the benefit of advice from a barrister) will have already considered possible ways in which the case could be settled. Without prejudice proposals for settlement should have been made. The FDR must be treated as a meeting held for the purposes of discussion and negotiation. Everyone should do their best, with the assistance of the District Judge, to reach agreement on the relevant matters in issue between the parties. If a final agreement is reached then the court can make an Order by consent (provided the Decree Nisi has been pronounced). An order made by consent is binding and enforceable in the same way as a court order made following a contested trial.
If, however, no agreement can be reached, the District Judge will give further directions for the case to be set down for a final hearing at which the parties will give evidence and the District Judge will determine the outcome and make an order (give judgment).
Obligations of the Parties The overriding objective is to enable the court to deal with cases justly. Both parties are required to assist the court to achieve this. Both parties must attend personally all the appointments at court. The time limits are strictly enforced and both parties are under an obligation to ensure that full and frank disclosure is made. Orders for costs may be made against a party who delays or fails to provide information or documentation when requested. At every court appointment each party, usually via their solicitor, is required to provide an estimate of costs incurred to date.
The parties have a duty to negotiate and the process encourages the parties to make sensible and realistic offers. If the matter proceeds to a final hearing the parties are required to make open proposals which are notified to the Court within 14 days of the date fixed for the hearing.
