Applying to the court for help with finances - what can I expect? Divorce in the UK

What actually happens when you apply to the court for help with finances after a divorce? This article sets out the journey step-by-step — from securing a MIAM certificate and completing the detailed Form E, to the First Appointment, the FDR, and (if needed) a final hearing.

Before you can even make an application to the court to deal with finances on divorce in the UK, you will need to obtain a “MIAM” certificate which will need to be attached to the application. A MIAM is a “mediation information and assessment session”, which is a session with a mediator, where they will assess your case for mediation. This does not oblige you to engage in mediation, but the court wants to know that you have considered it before making the application to the court. 

The application to court for help with finances on divorce itself is usually done by a specialist divorce solicitor on behalf of a client, although it is possible to make the application by yourself – this is called being a “litigant in person”.

When your application has been issued, the court will write to you with various documents including a Notice of Hearing which will give you a date for the first court hearing. This first hearing is called the “First Appointment”, or “First Directions Appointment” (FA/FDA).

In advance of the First Appointment/First Directions Appointment, both parties are ordered to provide to the court a document called a Form E. This is a very detailed document, which sets out the full financial situation of each party. You have an obligation to provide full details of your financial situation – regardless of whether your assets and income are abroad, or shared with a third party. The Form E also requires that certain pieces of evidence must be provided including 12 months’ of bank statements, 3 months of payslips, a pension statement showing the pension CEV (cash equivalent value) and various others all of which are listed in the Form E. 

At the First Appointment, the court will assess what further information is required, and make directions which are a list of things the parties must do or rules the parties must follow. They will also set a second hearing date.

The second hearing is called the “Financial Dispute Resolution” appointment (the “FDR”). The Financial Dispute Resolution hearing is usually a full day of negotiations between parties, and often it results in a settlement being agreed and finalised, either at the hearing or shortly after. It is important to note however that the FDR is not a final hearing. Whilst your case will be reviewed by a judge, and they will give you what is called an “indication” of the settlement they would order in your case, they do not have the power at this hearing to make a final order unless it has been agreed by the parties.

In the event that no settlement can be reached at the Financial Dispute Resolution hearing, the judge will make a further order which sets out more directions for the parties to follow to take them forward to the final hearing. This may include a direction for further disclosure, further evidence and, importantly, will include a direction for both parties to file a section 25 statement. This is a really important document, which will be your main “evidence” and your main opportunity to put forward your proposals for how the assets should be settled by the judge.

You can expect a final hearing to be at least a full day in court, and it is very common for it to stretch to two or three days depending on the issues and assets involved. For the most complex or high value cases, final hearings could spread over many more days than this. At the final hearing, both parties will usually be expected to provide oral evidence and undergo questioning from the other party’s barrister.

Written by Sarah Mortimer (Senior Associate Solicitor)

For help with issuing a financial application in the course of a divorce in the UK, contact our specialist divorce solicitors on 020 8290 0333 or email info@judge-priestley.co.uk 

For further information on our Family Law services, click here.