Money

Generally, financial proceedings are a bit more predictable than proceedings regarding children.

Before Court proceedings can begin a MIAM (Mediation Information and Assessment Meeting) must take place to see if Mediation can be used instead of Court proceedings.

If it can’t, then one of the Parties will complete a Form A to commence legal proceedings.

Both parties then complete a Form E which is a lengthy document in which they detail their financial affairs. The parties have the opportunity to ask questions about each others Form E’s.

Then a ‘First Appointment’ Court hearing takes place – although it may be in a Judge’s ‘Chambers’ (office) rather than in a Court room. This hearing is to make sure that the Judge and the parties have all the information to proceed.

Next there is Financial Dispute Resolution Hearing. This is a hearing in which the Judge attempts to assist the parties in reaching an agreement. Nothing said in an FDR can be ‘used against’ either party if agreement is not reached and so a further hearing is necessary.

If agreement has not been reached then a Final Hearing will take place in which the parties may be required to give evidence in a Witness Box under oath, and the Judge will make a decision about the division of assets.

Some cases can become more complex and additional Hearings may be involved. The Court may appoint expert witnesses, such as a Pensions expert, to make recommendations regarding the division of pensions.

If matters go to a Final Hearing the process is likely to take 12 – 18 months, although we were involved in a case that ran for four years.