Lodging an application or court order
Where an agreement can be reached between the parties a court order will be drafted and lodged with the court. Once approved by a Judge, this agreement and its terms will be made enforceable as an Order of the Court.
Where an agreement cannot be reached, or where one party will not disclose their finances, a court application may be necessary. Prior to this option, you may be required to attend a Mediation Information Assessment Meeting (MIAM). We can make the appropriate referral, then submit your application and subsequently represent you through the process.
Before court hearings
Full financial disclosure by both parties must be submitted or you may face sanctions by the court. Disclosure will include documents such as payslips, P60s, bank statements, property valuations and pensions. We can help you to prepare what is needed.
Both parties and their legal representatives must be present. There are usually three stages to the court process, The First Directions Appointment (FDA) decides how the application should proceed.
Following this, the Financial Dispute Resolution (FDR) appointment is an opportunity for the parties to negotiate, and try to agree a financial settlement. A Judge will be on hand to provide assistance to the parties and to determine whether any agreement reached is reasonable.
If a settlement has not been reached at the FDR hearing, both parties will present their case to a different Judge at a subsequent Final Hearing. The Judge will then reach a decision.