It is always preferable to negotiate a financial settlement which is satisfactory to both parties. This is because there is no certainty of outcome at Court. The powers exercised by the Judge are discretionary and it is not possible to predict with complete accuracy what Order is likely to be made. It is essential that you and your professional advisor make due allowance for this in your conduct of the claim.
Provided that a Decree of divorce is going to be issued either party can apply to the Court for it to resolve financial matters and once the application has been lodged it will impose a strict timescale for the conduct of the proceedings. The Judge will control the litigation and neither party can agree any adjournments without his approval.
A brief summary of the procedure is as follows:
Step 1: The applicant files an application for ancillary relief with the court. A preliminary hearing date will be listed within approximately 12 weeks.
Step 2: At least five weeks before the preliminary hearing date both parties have to complete and exchange Form E. This is a court document which requires details of income and capital.
Step 3: Both parties attend the first appointment hearing where the Judge will consider the case and in certain circumstances express a view about its likely outcome. In most cases the Judge will list a Financial Dispute Resolution Appointment.
Step 4: The Financial Dispute Resolution Appointment. This usually will takes place approximately two months after the First Appointment. Both parties have to attend. Provided that full disclosure has been made, the hearing will proceed as court led mediation, where both advocates indicate the Orders that they seek and the Judge will then express a view about the likely outcome of the case. The family proceedings rules impose an obligation upon all parties, including the Judge, to facilitate a settlement but there is no obligation to accept the Judge's views and the case will be listed for Final Hearing if settlement cannot be achieved. The Judge that presided at the Financial Dispute Resolution Appointment will not preside at the Final Hearing.
Step 5: The Final Hearing. If settlement cannot be achieved, matters will be resolved at the Final Hearing, where the Judge will make whatever Order he regards as appropriate having heard evidence from all relevant parties and appropriate submissions.
