In most cases in which parties separate, whether they wish to divorce or not, arrangements have to be made with regard to finances. This can involve what should happen to the family home, whether maintenance should be paid by one party to the other, what the parties should receive with regard to the family assets and what level of child maintenance is appropriate. For parties who intend to divorce and have already substantially agreed matters, an agreed form of Court Order by consent can be arranged at low cost, usually between £400 and £750.

Negotiations are often successful and Court involvement is only necessary in a small number of cases. If so, the usual procedure is as follows

(a) One of the parties issues an application and this is sent by the Court to the other party.

(b) The Court sends to both parties, details of when certain steps must take place, including the exchanging of detailed financial statements. At the same time the Court notifies the parties as to when the first Hearing will take place. This is known as the First Directions Appointment.

(c) At the First Directions Appointment the Judge considers the circumstances of the case and makes further directions to progress the matter. These can include a formal valuation of the matrimonial home, the provision by either party of further information or documentation and the listing of the other Court Hearings.

(d) The next Court Hearing is known as the Financial Dispute Resolution hearing and is an opportunity for both parties and their advisors to discuss the case openly and frankly with the Judge in an attempt to resolve differences and difficulties. If both parties agree, this Hearing can take place at the same time as the First Directions Appointment. If agreement is reached, the Judge can make an Order there and then.

(e) If it is still not possible to settle the matter a Final Hearing must take place. This is very rare and only occurs in around 5% of cases.

Timescale - to reach the First Directions Appointment usually takes around three months and most matters are fully dealt with, including a Final Hearing if necessary, well within a year.

Each case is different and costs will vary depending upon circumstances and complexities; however, a rough guide is that for cases which settle at an early stage costs will be in the region of £1000 to £2000. For more complex cases or those which require a final hearing, costs may be between £2000 to £5,000 or possibly more.

We adhere strictly to the Solicitors Family Law Association code of conduct which encourages constructive negotiation and discourages antagonistic and aggressive conduct, which invariably increase costs and animosity.