Surrey Homes | SH21 | July 2016 | Interiors supplement inside

BUSS MURTON advertorial
Family Law, the next steps...
By Julie Taylor, Employment and Family Solicitor at Buss Murton Law
I am going through a divorce
and the finances are now going
through the court process as
we were unable to agree, what
happens?
The financial application will be filed
at court. The court will schedule the
matter in the court’s diary and issue a
date for a first hearing, at this time the
court will also make directions to both
the husband and wife for a date when
they need to complete and exchange
their financial disclosure in a Form E.
The first hearing is known as an FDA,
the First Directions Appointment.
Both parties will need to complete
the financial disclosure, the Form E.
This form is rather lengthy and on
first view can appear quite scary. You
must take it one section at a time
and complete to the fullest of your
knowledge and most importantly be
honest. Be prepared to provide 12
months bank statements, 3 months
payslips, business accounts, pension
information and such documents. The
information is comprehensive as this is
the document that will be used by the
court to decide a financial settlement.
The Form E is exchanged
simultaneously so that one party does
not adjust what is in their document
in light of what they have read in the
other's. Once exchanged you should
review your spouse’s document and
see whether there is any missing
information. If there is, the court will
make a direction for a questionnaire to
be raised.
The purpose of FDA is to decide
what more information you and
the court need in order to start to
negotiate properly. It deals with
the management of your case: the
evidence and timetable. Both parties
attend the hearing and if you have
legal representation then you do not
normally need to speak in court as
your lawyer speaks on your behalf.
The normal practice is that the lawyers
have a discussion about the case and
see what matters can be agreed. There
is then a hearing before the judge to
make decisions on these matters.
The matter will then likely be listed for
an FDR, Financial Dispute Resolution
hearing. The purpose of this hearing is
for a judge to review all the financial
information and provide an indication
of what the likely settlement would be
if this went to a final hearing. The FDR
hearing is a without prejudice hearing.
Most cases settle here or just after and
the court makes a final order on the
agreed terms. The judge sitting on the
FDR is barred from the final hearing.
If there is no settlement, the judge
makes a directions order and sets
the case down for a final hearing. In
advance of the hearing bundles of
papers for the court will have to be
prepared and filed; barristers will be
briefed and may discuss matters in
conference (i.e. meetings with you);
open proposals for settlement will be
filed and served; and detailed costs
estimates will have to be filed.
At the final hearing the court will listen
to evidence, grant orders and give
reasons. Each spouse will be required
to give evidence as a witness and
be cross examined on the financial
disclosure by the other spouse or
their lawyer if represented. If there
is enough time the judgment will be
handed down then and if time is short
there may be a reserved judgement
which means the parties will need to
come back at a later date.
Julie Taylor
Buss Murton offers a free initial
30 minute meeting to discuss
any family law matter in relation
to separation, divorce and
children. We can see you at any
of our offices in Tunbridge Wells,
Cranbrook, East Grinstead or
Dartford. To make an appointment
please contact Louise Huxstep,
Family Team Secretary on
01892 502 338 or email:
lhuxstep@bussmurton.co.uk
BUSS MURTON
COMMERCIAL & PERSONAL SOLICITORS