Following on from her recent article, Rayhana Kausar, Graduate Chartered Legal Executive in Astle Paterson’s Family Department, provides a flowchart overview of Financial Proceedings in relation to Divorce.
Rayhana said “I have set out previously the procedure most people will follow when seeking to resolve their financial matters on divorce.
I have sought to set out below a flowchart of the usual steps involved for ease.
It is to be noted that usually Solicitors will seek to resolve the matters on behalf of their clients – however, it a resolution cannot be achieved through discussions then normally we advise that our clients attend Mediation with a view to resolving the dispute.
If negotiations have failed and Mediation has not succeeded then it is open to either of the former spouses or civil partners to ask the Court to decide. However, negotiations can continue throughout the Court process and if an agreement can be reached then an application can be made to the Court to record that agreement in the form of a Court Order – known as a Consent Order.”
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IF SUCCESSFUL
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IF UNSUCCESSFUL |
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Court Order made by agreement – no need to attend Court.
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Application to Court
Court fee – £255.00. • Application issued by Court and served on Spouse • Both parties to complete Financial Statement (Form E) ↓ |
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Preparation for FDR
Answer Questionnaires • Obtain valuations/Expert evidence • File proposals for settlement • File cost estimates
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First Appointment Hearing (3 Weeks later)
Both parties to attend • Court manages financial application & define issues to save costs. • Court issues directions/make interim Order • If parties can agree and disclosure advanced can be combined with FDR • Costs considered |
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Financial Statements (FORM E) exchanged and filed at court (11 Weeks later)
This time scale appears long – it is in fact very short. Form E requires a “mountain” of information and documents. |
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FDR (6-8 Weeks later) Financial Dispute Resolution (effectively mediation by the Judge)
Both parties to attend • Without Prejudice Hearing – Judge will try to assist a settlement of financial issues. • Parties meet for discussion and negotiations • Case can be settled at this hearing and Order made • If no agreement reached, Court to give directions for Final Hearing |
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Preparation for Final Hearing
Bundles of documents for the Court to be prepared and filed. • Barrister will be briefed and may discuss matters in conference prior to hearing |
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Final Hearing
Each party gives evidence & cross examined • Court gives judgment at conclusion or reserves judgment to another day • Costs considered
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Whilst dealing with a divorce and resolving financial matters may seem daunting, at Astle Paterson we have the experience and knowledge to ensure that matters proceed as swiftly as possible and that you achieve the best possible result.
It is advisable that you seek immediate legal advice regarding any proposed Divorce.
At Astle Paterson we understand that a divorce can be traumatic and confusing; we are well placed to provide you with excellent advice throughout your divorce. To assist with matters, Astle Paterson (Solicitors in Burton upon Trent, Staffordshire) provide an initial interview at a fixed cost of £50.00 + V.A.T.
Please contact either our Family Department on 01283 531366 or by way of email to rkauser@astlepaterson.co.uk to discuss matters further.
