This is the most challenging time – make sure you get advice from an expert family lawyer on the subject of divorce finances: what happens at the final hearing.
The FDR crumbled
You didn’t reach agreement at the FDR, but not all is lost. The Judge’s indication of the likely outcome of your case can be a wake up call. There’s plenty of opportunity in the weeks before the final hearing to negotiate and reach a settlement.
The earlier you settle, the better. Heading towards a final hearing is when the serious stuff kicks in – vital and detailed preparation – and if at this stage you decide to get legal help, it won’t come cheap: it’s the most expensive time in any Court case.
You need to follow the Court order setting out the timetable for the lead up to the final hearing. You’ll either have agreed it with your ex, or the Court will have imposed it.
What’s the plan
Follow the timetable. It’s not optional, and there are dates to keep to. It can include orders to provide:
- updated financial disclosure
- valuations of land and property
- pensions report
- tax report
- Court bundle
- costs estimate
- open offers of settlement
What’s a Court bundle
It contains all relevant documents plus the “preliminary documents” (see below). It’s paginated and indexed, and is extremely useful in a final hearing. But who prepares it?
- the applicant (as opposed to the respondent). If you’re not sure who’s who, look at your latest Court order. And it’s not necessarily the same as who started the divorce. But if the applicant is a litigant in person, the bundle is prepared by:
- the respondent. But if the respondent is a litigant in person there’s no bundle, unless the Court directs otherwise.
What’s in the Court bundle
Not every single document, letter, email – just what’s set out in Practice Direction 27a.
What are the preliminary documents
see Practice Direction 27a, but in brief:
- case summary
- statement of issues
- position statement by each of you (what you want and why you think it’s fair – in line with your open offer)
If you haven’t done a s25 statement, your position statement will have to include it.
What’s a s25 statement
Provides all the details required by s25 of the Matrimonial Causes Act 1973.
- income, earning capacity, property and other financial resources
- financial needs
- standard of living before the marriage breakdown
- duration of the marriage
- physical or mental disability
- contributions to the welfare of the family
- conduct of your ex
S.25 mentions conduct “inequitable to disregard” – and it goes well beyond committing adultery. My next blog will cover this subject.
Conference with Counsel
Or, in plain English, a meeting with your barrister.
Now’s a good time to take expert legal advice and employ a barrister to represent you. It’s an expensive step, but you need to make sure your position and your needs are fairly and expertly represented.
The doors of the Court
Quite often an agreement is reached just before you’re due to walk into the final hearing.
What happens at the final hearing
- it won’t be the same Judge as at the FDR, and they won’t know what happened at the FDR
- you and your ex will give evidence under oath and be cross examined
- experts will be questioned about, for example, the value of the business or of the home
- the Judge will make an order
What is cross examination
It’s when you or your barrister ask your ex questions. These focus on the areas in dispute, for example:
- fitness to work
- earning potential
- new partner
- household expenditure.
Don’t forget – you’ll be cross examined, too.
Orders the Judge can make
See the Matrimonial Causes Act 1973 . Examples:
- property adjustment
- pension sharing
- orders for sale
- duration of financial orders
Questions about financial disclosure
This is the sixth blog in a series, and includes blogs on how to complete Form E; prepare a statement of issues, chronology and questionnaire. You are also led through the First Appointment and the FDR.
- 10 things you need to know about financial disclosure
- Can I refuse financial disclosure
- What happens after financial disclosure in divorce – how to fill in a Form E
- What happens after financial disclosure in divorce part 2 – how to prepare statement of issues, chronology and questionnaire
- What happens after financial disclosure in divorce part 3 – the First Appointment and the FDR
Divorce finances: what happens at the final hearing
Contact Family Lawyer Joanne Houston on 01962 217640 for an initial consultation on Divorce finances: what happens at the final hearing. In this 20 minute session she will review your situation and how you can achieve your objectives.
The topics covered in this blog post Divorce finances: what happens at the final hearing are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.
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