Since the coming into force of the Family Proceedings (Amendment No 2) Rules 1999 on 5th June 2000 all applications for financial provision in divorce follow the same pattern.
The proceedings are started by the filing of a Form A which is a single sheet of paper setting out the terms of any Court Order that you are asking the Court to make. A fee of £240 is payable to the Court.
When it receives Form A the Court fixes an appointment between 12 and 16 weeks ahead. That date is notified to the Respondent.
Before that first appointment both parties must complete and verify on oath a statement of their financial affairs in Form E. This must be filed not less than 35 days before the date of the First Appointment and must have attached to it various documents specified in the form.
No other disclosure or inspection of documents is allowed other than for the information given on Form E.
At least 14 days before the First Appointment each party must file with the Court and serve on the other side
- A Statement of the issues between the parties that need to be resolved.
- A Chronology:
- A Questionnaire setting out any further information or documents that are required
- A Notice in Form G stating whether that party will be in a position to go ahead at the First Appointment with a " Financial Dispute Resolution" appointment.
At the hearing each party must produce to the Court in Form H an estimate of costs incurred to date and to be incurred in the proceedings.
Both parties must attend the First Appointment unless the Court orders otherwise.
At the First Appointment the Judge must conduct the proceedings with the intention of "defining the issues and saving costs". In particular he or she must decide the extent to which outstanding requests for information must be answered and what if any documents requested must be produced. Having done that he or she must then go on to give directions for:-
- a valuation of any assets - including where appropriate joint instructions to an expert or in pension cases require either party to obtain a valuation of their pension
- the obtaining and exchanging of other expert evidence, if appropriate
- the filing of further evidence by either party including all details about the background of the breakdown and any contested issues of fact. The Judge is under a duty to limit disclosure to what is proportionate to the issues between the parties.
Unless the case is considered inappropriate the Judge must then refer the parties to a Financial Dispute Resolution (FDR) appointment.
If an FDR is inappropriate the Judge must:
- fix a further directions appointment or
- fix a hearing for the making of an interim order or
- fix a final hearing date or
- adjourn the case for mediation or private negotiation.
- consider whether it is appropriate to make an Order about who should pay the costs of the hearing.