What Happens After Form A Is Issued in Financial Remedy Proceedings?
What is Form A?
The Form A is the relevant court application used to start financial remedy proceedings following a divorce.
The person making the application will be the Applicant and the other party will be known as the Respondent.
What happens once the Form A has been issued by the Court?
The Court will send both parties a Notice of First Appointment. This will confirm the date of the first hearing known as the First Appointment. The court will also provide a timetable of steps that both parties must complete before the hearing.
It is likely that there will be a number of weeks between the application being issued and the First Appointment. During this period, both parties will need to prepare and exchange detailed information about their financial circumstances which is done by way of Forms E.
What is Form E?
The Form E is the court document which provides a detailed overview of your financial circumstances. Each party provides details of their financial position including: –
- Property
- Bank and savings accounts
- Investments
- Liabilities
- Pensions
- Employment and self-employment income
- Business assets
- Other sources of income e.g. benefits
- Current and future financial needs
The Form E will be accompanied by supporting documentation which includes bank statements, mortgage statements, payslips, property valuations and pension information.
Both parties will exchange their completed Form E and supporting documents simultaneously by the date specified in the court timetable.
The Form E allows both parties and their legal representatives (if appointed) to carefully consider the financial position of the other to enable them to negotiate a settlement, if appropriate.
What other documents need to be prepared for the First Appointment?
There are a number of other documents which the court will require prior to the First Appointment including mortgage capacity information and property particulars for both parties and any children. This will give the Judge an overview of the parties’ financial needs going forward.
What happens at the First Appointment?
The First Appointment is primarily a directions hearing. The court will consider the issues between the parties, the financial information which has been provided and whether any further evidence or disclosure is required.
The court will give directions dealing with matters up to the second hearing known as the Financial Dispute Resolution Hearing (FDR). This could include: –
- Questionnaires which need to be answered by each party
- Updating financial disclosure
- Property valuations
- Pension information and/or PODE report
- Business valuation (if appropriate)
- Any other information required to progress the case
It is possible to agree at the First Appointment if both parties are able to agree on how their finances should be dealt with and this can then be recorded in a Consent Order for the approval of the Judge on the day.
When an agreement cannot be reached at or following the First Appointment, the court will list the matter for an FDR as the next stage of the proceedings.
“Starting financial remedy proceedings can feel very daunting, however this should not be seen as a negative step towards attempting to reach a settlement with your spouse. Many parties find having the court timetable helpful to ensure that matters progress in a timely manner.
Obtaining specialist family law advice at an early stage can help ensure that you understand the process and what is required of you and when. If you have received a Form A, or are considering starting financial remedy proceedings, our Family Law team can assist with all stages of financial remedy proceedings, including representation at the court hearings.
If you have any questions, please contact us on 01708 784000.”
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