THE COURT PROCESS
Not every couple will feel comfortable negotiating among themselves and there will be times when one or other of the couple is reluctant to provide the required information to facilitate discussions.
If such a situation arises the best process to follow will be through the court. An application for financial remedy will enlist the Court's assistance in resolving the issues.
Before you will be allowed to make an application to the Court the law states that you must attend a family mediation information and assessment meeting either together or separately from the other party. The purpose of this would be to learn about mediation and other forms of dispute resolution.
If no agreement can be reached then in financial proceedings the Court process involves an application for the orders sought.
The process involves an application for the orders sought. Upon receipt the Court issues an automatic direction requiring the parties to file with the court and serve on the other party full financial disclosure by completing what is known as Form E, supporting all statements made in the Form with documentary evidence to verify the information given.
The court also fixes a date for what is known as a First Appointment, a directions hearing enabling the parties to seek rulings from the court to require each party to supply any outstanding information and to procure valuations, or such other information as will assist the court and the individuals reach a solution.
Having completed full financial disclosure the court fixes a further appointment known as a Financial Dispute Resolution appointment – FDR – which is designed to enable the judge sitting on the day to help the parties by giving an indication as to what the court would order given the evidence before them at the time. This can assist breaking any impasse and aid further negotiations.
If the FDR fails to break the impasse the court will set a trial date. At the trial each party gives evidence as will any experts whose evidence is disputed and ultimately the Judge will make a ruling which will become an order providing the Judges view of a fair division of assets and any maintenance required to be paid.
Throughout the process you will be supported by Spectrum Family Law who will enlist the input of experienced specialist family law barristers to ensure your case is presented in an expert and eloquent fashion, drawing on their in depth grasp of the law and recently decided cases. Their daily exchanges with the Judges who will hear the cases give them a suitable feel for the opinions and views likely to influence those deciding the case.
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