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When a couple get divorced and agree on their financial arrangements, they usually submit a draft financial order to the court for the district judge to make by consent. The draft order has to be accompanied by a ‘statement of information for a consent order’ setting out a summary of the parties financial situations (capital,
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The court lists the final hearing of a divorce financial application for two dates. The earlier of the two dates is a ‘second fixture’. The hearing only goes ahead if the ‘first fixture’ hearing listed for that day has dropped out of the list (perhaps because the case has settled, or the parties have agreed
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Normally the court will serve the divorce petition on the respondent by post. The petitioner is allowed to arrange for the papers to be served personally on the respondent (handed to them in person), but it is against the rules for the petitioner to carry out personal service themselves – it must be done by
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When you petition for divorce you have to give the court your marriage certificate. This must be either the one you were given when you got married, or a duplicate certificate. A photocopy is not acceptable. Records of all marriages contracted in Devon (other than Plymouth and Torbay) are kept centrally by Devon County Council.
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A divorcing husband and wife sometimes reconcile and decide not to get divorced after all. The divorce proceedings can be stopped at any time – even if there is a decree nisi it can be rescinded. If there is a decree absolute the couple have to remarry, but usually the reconciliation happens earlier than that.
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‘FDR’ stands for ‘Financial Dispute Resolution’. Both parties attend the appointment with (except in the case of a ‘self-represented person’) their solicitor or barrister. The judge who conducts the hearing has in front of him copies of all settlement offers made by the parties and also (usually – it is not compulsory) a written summary
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At the First Appointment the judge decides on the next steps to be taken in the case. Which questions in the questionnaires need to answered and which need to be amended or struck out? Is permission needed for the parties to obtain a valuation report on the matrimonial home? Is permission needed for written statements
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When there is a financial application in divorce proceedings, one of the factors that the court can take into account is ‘the conduct of each of the parties’ but only if the court believes that it would be ‘inequitable to disregard it’. This has been interpreted very narrowly by the courts and an instance of
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When a judge stipulates what is to happen next in a case, that is called ‘giving directions’. For example, a party may be required to make a written statement and send it to the court (‘file’ it) and to the other side (‘serve’ it) by a stated date. A party may be given permission
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When a divorcing couple’s finances have to be decided by a judge (which is unusual – most couples agree on a financial settlement), the judge has various factors that he is allowed to take into account. Broadly it is up to the judge to decide which factors are relevant in a particular case and what
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