Divorce solicitors-dealing with family money

Dividing the assets can often be the most difficult part in divorce. Although the Courts have a long list of factors to take into account, and each case varies,  the Courts are obliged to ensure that any divorce settlement is fair. Again, most cases settle without going to trial, sometimes by negotiation between divorce solicitors (after exchanging financial information with the other side) and sometimes, after issuing Court proceedings (for what is known as Ancillary Relief). If a couple agree on how to distribute their property in a divorce, application can be made to the court for a consent order, without  need for a court hearing. A consent order will often contain a ‘clean-break’ clause, which means that the order is final  and stops either party making any further claims against the other arising out of the divorce, or against their estate should anything happen to them. This is known as a clean-break order.

Factors the Court considers in divorce

In dividing family assets in divorce the Court must consider the following:

• The income, earning capacity, property and other financial resources each party has or is likely to have in the foreseeable future.
• The financial needs, obligations and responsibilities each party has or is likely to have in the foreseeable future.
• The family standard of living before the marriage breakdown .
• The age of each party to the marriage and duration of the marriage.
• Any physical or mental disability of either party .
• The contributions which each of the parties made and is likely, in the foreseeable future, to make to the welfare of the family including any contribution by looking after the home or by caring for the family.
• The conduct of each of the parties if that conduct is so significant that it would be unfair for the Court to ignore it.
• The value to each of the parties of any benefit (e.g. a pension) which by ending the marriage the party will loose their chance of getting.

Application for Ancillary Relief

• The Applicant sends a Notice to the Court indicating what claim is being made.
• The Court fixes a first appointment within 6 to 12 weeks.
• At least 35 days before the first appointment each party must send to the other and  the Court their Form E. Form E is a sworn document  and contains full details of the family finances. The information is extensive.
• At least 14 days before first appointment each party must send to the other  and the Court, documents setting out the key issues in dispute and a timetabled history of the case along with a questionnaire setting out any further information or documents they require from their opponent to get a full financial picture.

First Appointment

This is the first court hearing and is usually estimated to last 30 minutes. The purpose is to try to reach settlement between the parties,for the Court to see whether the questions each party ask in their questionnaire are reasonable and to move the case along generally. The Court might, for example,  order the former matrimonial home to be formally valued. Usually, the Court then orders a Financial Dispute Resolution (FDR) appointment.

Financial Dispute Resolution Appointment

The FDR is a more informal hearing and aims to try and reach a divorce settlement without a full hearing. The Judge may hear brief details of the case and will encourage an agreed settlement, often recommending how assets should be split. Sometimes the Court feels that an FDR is not appropriate and moves straight to final hearing. The Court's view is very much to encourage negotiation and settlement without the additional costs, delay and stress of a full final hearing.

Final Hearing

If a divorce settlement cannot be negotiated then a final hearing is necessary. This takes place roughly 4 to 6 months after Form A is issued. The Court reviews all the written evidence including Form Es, hears evidence from the parties and in the absence of any agreement will make a final Order. The Judge at the final hearing will always be a different Judge from the one who heard the FDR.

Contact us today for legal advice from an expert divorce solicitor at our Salisbury, Andover, Warminster,  Verwood or Amesbury offices.