When a relationship breaks down and individuals are not able to agree between themselves, or with the help of mediation, how the matrimonial finances should be divided or how children  should spend time with parents applications can be made to the Courts who can make a decisions about both children and financial matters.

Can I make an application to Court?

Before making an application, applicants must firstly attend a consider methods of sorting  things out by agreement using alternate dispute resolutions methods such as mediation. You may be required to attend a Mediation Information and Assessment Meeting (MIAM) before being able to make an application to court unless you fall into a few limited exemptions. A MIAM is to explore whether the matter can be settled via mediation and out of court. This is required in both children and financial Court applications.

What are the different types of hearing?

The hearing type is dependent on whether the dispute the court is to settle relates to child custody or finances.

Children

A First Hearing and Dispute Resolution Appointment (FHDRA) is the first court hearing after a application has been submitted. A FHDRA is used to establish issues between the parties and whether they can reach an agreement. Typically there will be a CAFCASS Officer present and the Judge and the CAFCASS Officer will make every effort to help the parties reach an agreement. The hearing will identify what other directions for evidence or steps are needed if the case cannot settle by agreement.

A Dispute Resolution Appointment (DRA) is a negotiation hearing often following other evidence being filed. The Court will establish whether the DRA can be used as a final hearing, identify the key issue(s) and the extent to which those issues can be resolved and give final case management directions if required.

A Fact-Finding Hearing is a type of court hearing where the evidence surrounding allegations is considered and the court will decide whether the incidents took place or not. Evidence is heard, which may include a cross-examination of parties and then the judge will decide whether the incidents occurred on the balance of probabilities. In preparation for a Fact-Finding Hearing, the person making the allegations will be asked to send a list of allegations to the Court with a response from the other party.

A Final Hearing is when the Judge will consider all evidence from the parties and any evidence from CAFCASS or the Local authority. The Judge will also consider any findings made during a Fact-Finding hearing. Once the Judge has assessed all the information the Judge will make whatever order they think in in the child(ren)’s best interests.

Financial

A First Directions Appointment (FDA) is the first Court hearing in financial proceedings where the court will look at the financial evidence filed by the parties. The court will consider any directions which need to be made for any other evidence from the parties or any expert evidence e.g property valuations, pension reports. The court will then make directions towards the FDR.

A Financial Dispute Resolution (FDR) is the second court hearing. An FDR hearing helps divorcing spouses agree on how their assets and finances should be divided with the help of a judge.  The Judge will have looked at the main evidence and will give a view known as an ‘indication’ to try and help the parties settle the case. If no agreement can be reached at this stage, then your case will be listed for a final hearing before a different judge.

At a Final Hearing, the court will consider the evidence filed and any additional guidance from experts etc, with a view to making a determination and ultimately a financial remedy order for the couple.  Once the financial remedy Order is made, it is legally binding. This means both parties need to stick to the terms which are enforceable.

Do I have to attend my hearing?

Yes. If you do not attend a hearing then the court can make orders in your absence and can also make costs orders against you. In certain circumstances you can request special measures or to attend via a video-link if you are concerned about attending in person.

How we can help

If you are going through a separation and need advice on the divorce itself or the financial separation, then our highly regarded Family law team are here to help you and provide personalised advice and support. Please contact us at your local office (Darlington 01325 281111 and Northallerton 01609 765765) visit our website at www.clarkwillis.co.uk or email family@clarkwillis.co.uk.