Financial Implications in the Event of Divorce
Once divorce proceedings have commenced, either partner can initiate financial proceedings. This applies to both divorce and civil partnership dissolution, as well as proceedings for judicial separation.
Under the new regulations, referred to as the decree nisi or conditional order if the divorce proceedings were initiated before April 6th, 2022, a financial order cannot be authorised until the initial phase of the divorce process has been completed. This requirement must be met before any approval is granted.
It is customary to delay the application for the ultimate phase of the divorce, known as the final divorce order or decree absolute (for divorce proceedings initiated before April 6th, 2022), until the financial arrangement has been fully settled. This is because the presence of the divorce itself can have implications for matters such as pension entitlements, taxes, and inheritance.
If the parties are unable to reach an agreement outside of court, one party will need to apply to the court to address the financial issues. However, it’s important to note that this doesn’t necessarily mean that a settlement cannot be reached later on. The parties have the opportunity to agree on any point before a judge makes a final decision at the end of the proceedings, which is known as the final hearing.
In most instances, disputes are generally resolved through mutual agreement before initiating legal action. However, before commencing court proceedings about financial matters, the involved party must participate in a mediation information and assessment meeting referred to as an “MIAM.” This meeting aims to provide information and assess the suitability of mediation as a means of resolving the dispute.
During this gathering, the mediator will elucidate the advantages of mediation. Additionally, the mediator will conduct an initial evaluation to determine if the case is appropriate for mediation. Certain exceptions exist for not having to participate in mediation, such as instances involving domestic abuse.
Once a party initiates legal proceedings regarding finances in court, a schedule will be established for both parties to disclose their financial circumstances along with relevant documentary proof. Additionally, a date for the initial direction hearing will be set. This process involves submitting a Form A and requires payment of a court fee.
The case will be assigned either to a nearby Family Court or to the Central Family Court situated in London. In the event of extensive assets and complications, the financial aspects of the case may be referred to the High Court and handled by a Judge from the High Court.
Unveiling the First Hearing: Your Initial Appointment
The initial hearing is referred to as the first appointment (FA) and typically takes place within 12 to 16 weeks from when Form A is submitted. The FA serves the purpose of ensuring that the court has the necessary evidence to make a decision and progress the case.
The judge will not make a final decision during this hearing, but it is anticipated that all parties involved will be present.
Prior to the initial meeting, it is necessary for all parties involved to provide a comprehensive and honest disclosure of information and address any concerns regarding the disclosure made by the other party. Each party will be required to submit a financial statement called Form E at least 35 days before the initial meeting.
To complete Form E, it is necessary for the parties involved to provide the required financial documents. These documents consist of 12 months’ worth of bank account statements for each account, mortgage statements, valuations of pensions, share certificates, P60 forms, 3 months’ worth of payslips, and, if relevant, 2 years’ worth of Tax Returns and business accounts. The parties are responsible for exchanging these documents and addressing any additional queries they may have.
Divorce injunction is to prevent someone from doing something and in Family Law is to prevent someone from causing you harm. Harm is defined as ‘the harassment, threatening of, intimidation of another putting that person in fear of and/or have suffered psychological, verbal, sexual and/or financial abuse’.
If all issues regarding the additional inquiries can be agreed upon before the initial appointment, the disclosure process can be more efficiently utilised, potentially transforming the first appointment into the Financial Dispute Resolution (FDR) hearing. This would result in a more effective use of court attendance.
If the hearing is a financial dispute resolution (FDR) hearing in a court case, there will be a subsequent hearing scheduled, typically referred to as the FDR hearing, taking place around 4 to 6 months later. This hearing is aimed at resolving financial disputes.
During the process before the final agreement (FA) and after the preliminary discussions (FDR), both parties will respond to any inquiries or concerns that arise from the information they have disclosed.
Before the FDR, it was crucial to have a comprehensive understanding of the income, assets, and liabilities for the judge to form an informed opinion on the expected outcome of the proceedings.
FDR
Both participants are required to be present at the FDR, which will be conducted in a court setting. The purpose of the hearing is to facilitate a resolution between the parties involved. It is important to note that the judge will not render any factual determinations regarding contentious matters or allegations, nor will any final decisions be made without the mutual consent of both parties.
During the day, the involved parties participate in negotiations, which is generally a productive process. In most instances, the cases are resolved either during or shortly after this hearing.
Once parties reach an agreement, it is documented in a legal document called a consent order. This document bears the signatures of the parties involved and is then submitted to the court for approval. Upon court approval, the financial proceedings are deemed completed, and the consent order becomes legally binding. If one party fails to adhere to the terms outlined in the order, enforcement measures can be pursued.
Final Hearing
If the financial matters are not resolved during the Financial Dispute Resolution (FDR), the court will schedule a final hearing to address these matters. Typically, the final hearing is set to take place around 6 to 9 months after the FDR.
The court will also provide additional instructions regarding any necessary supplementary evidence and the preparations required for the upcoming hearing.
If there is a need for a formal hearing in financial proceedings, the judge will carefully consider all the evidence presented before reaching a verdict. However, it is advisable for the parties involved to approach the matter sensibly and show a willingness to find common ground and reach a compromise on their own, rather than leaving the final decision in the hands of the judge. This way, an agreement can be reached that both parties can accept and live with, as opposed to having a ruling imposed on them by the court.
The duration of the ultimate court session usually varies based on its intricacy and matters at hand. Typically, it will span from 2 to 5 days. This duration significantly affects the legal expenses for both parties involved, with costs mounting as the case advances. Therefore, it is advisable to resolve any disputes between the parties at an earlier stage to mitigate the potential burden of substantial legal fees in the event of a final hearing.
To resolve matters swiftly and cost-effectively, it is crucial to settle expeditiously rather than delaying the process.