Understanding the Court Process for Financial Settlements in Divorce | A Step-by-Step Guide

When separating couples cannot reach an agreement about financial matters—even after trying alternative methods like mediation—applying to the court may become necessary to resolve things. While going to court is sometimes unavoidable, it’s important to understand the process, what’s involved, and what to expect.

Step 1: Starting the Process

Either party can start the court process by submitting an application using Form A. This form sets out the basic details of the case. A Form A can be downloaded from gov.uk website. It is possible to complete a Form A yourself, but we would recommend seeking legal advice to ensure the form is completed correctly.

A court fee of £303 is payable when submitting the application.

Once the application has been processed, the court will issue Form C to both parties. This document is very important because it:

• Provides a timeline for the case.
• Confirms the date of the first hearing, known as the First Appointment.
• Sets out the documents and financial information (disclosure) that both parties must prepare.

Step 2: Preparing Financial Disclosure

Both parties are required to complete a Form E. This document is a detailed financial statement that sets out your income, assets, debts, and expenses. You’ll also exchange this information with the other party.

It’s crucial that both parties meet the deadlines for providing their financial disclosure, as this will allow the court process to move forward smoothly.

Step 3: The First Appointment

The First Appointment is usually the first court hearing and is focused on managing the case. At this stage, a judge will give instructions (known as “directions”) to help the case progress efficiently. For example, they might request further information, valuations, or expert reports to help both parties reach a resolution.

In some cases, if both parties agree on the necessary directions ahead of time, the First Appointment can be skipped, and the case can proceed straight to the next stage: the Financial Dispute Resolution (FDR) hearing.

Step 4: The Financial Dispute Resolution (FDR) Hearing

The FDR hearing is often described as the court’s attempt at mediation to help both parties reach an agreement.

At the FDR, both sides present their financial positions to the judge.

The judge will then give an indication—this is not a final decision but their opinion on what a fair outcome might look like if the case were to go to a final hearing.

After the judge’s indication, both parties will be encouraged to negotiate and try to settle the case. This stage is often successful, as it provides a clear idea of what to expect at the final stage, helping both parties make informed decisions.

What if We Still Can’t Agree?

If no agreement is reached at the FDR or afterwards, the case will proceed to a Final Hearing. The judge who provided the indication at the FDR will not be the judge at the Final Hearing. Instead, a new judge will review the case with a completely fresh perspective.

Step 5: The Final Hearing

The Final Hearing is the most intensive part of the court process. It can take a full day, or sometimes longer, depending on the complexity of the case.

At this stage:

• Both parties will give evidence.
• Expert witnesses (if required) may be called to give their opinions.
• Legal representatives will cross-examine both parties and any witnesses.

Once all the evidence has been presented, the judge will make a final decision and issue a Financial Order, which is legally binding.

Why It’s Best to Reach an Agreement Early

The court process becomes increasingly demanding, both emotionally and financially, as it progresses. While the court is there to help resolve disputes, it is often in both parties’ best interests to reach an agreement earlier in the process. If this happens, your agreement can be formalised in a Financial Consent Order, which is submitted to the court for approval.

How can Hegarty help?

At Hegarty, we understand that going to court can be a stressful and overwhelming experience, especially during an already difficult time. If court intervention is needed, this usually reflects the complexity of the case or a complete breakdown in negotiations.

Our team is here to guide you through every step of the process, managing the burden and helping you navigate the legal requirements. We’ll work hard to achieve a fair financial settlement while providing support and clarity throughout.

If you have any questions about the court process or need advice on your financial settlement, please don’t hesitate to get in touch.