Divorce finances: what happens at the final hearing

Divorce finances what happens at the final hearing

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)
  • chronology

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 
  • age
  • duration of the marriage
  • physical or mental disability 
  • contributions to the welfare of the family
  • conduct of your ex

Conduct 

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

In brief:

  • 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
  • maintenance
  • 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.

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.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

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.

image for Divorce finances: what happens at a final hearing, Woman Travel Adventure Trek Mountain Rock by StockSnap on Wikimedia Commons

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Ten Top Tips for Divorce: What Should You Do First?

Ten Top Tips for Divorce

The holidays can sound the death knell for a relationship. But what should you do first? Here are Ten Top Tips for Divorce.

1. Consult

Arrange an initial consultation with an experienced family law solicitor. This can be low cost or even no cost, and can set you off in the right direction.

2. Talk

Try to talk to each other about arrangements for the children and finances. Talking, however painful it might be, could help you reach a less stressful, quicker, less expensive solution.

3. Avoid Court

Try to avoid Court proceedings about the children and finances. See my blog How to avoid Court – Family Mediation, Collaborative Law and Arbitration.

4. Ground rules

If you’re still under the same roof and able to communicate, try to agree some ground rules:

  • sleeping and eating arrangements
  • payment of bills, the mortgage
  • care of children
  • how soon can one of you move out? This will lessen the strain for each of you and for the children

5. Can’t talk?

Under the same roof but you can’t communicate? Probably a good time to consult a family solicitor.

6. Domestic abuse

Has there been violence or any other form of domestic abuse? Take legal advice ASAP.

7. What comes first, divorce or finances

I’ve written a blog answering this question: What Comes First, Divorce or Settlement.

8. Start divorce proceedings

This makes a mark in the sand for those who are finding it difficult to accept the relationship is over. It can also kick off discussions about finances. But in order to keep matters as amicable as possible try to agree who is going to start the divorce. Even better, agree what the reasons for divorce are. See my blog Grounds for Divorce – 5 things you need to know. 

9. Financial disclosure

Disclose your financial information, there’s really no way around this. See my blog, Financial Disclosure on Divorce – 10 Things you need to know.

10. Alternatives

Can’t agree about the children or the finances? Sometimes Court Proceedings are the only answer. But please make sure you’ve tried one of these alternative approaches first:

Ten Top Tips for Divorce

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial consultation on Ten Top Tips for Divorce. In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post Ten Top Tips for Divorce 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.

image for Ten Top Tips for Divorce Unhappy Couple by Skedonk on Wikimedia

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