Divorce Process and Divorce Proceedings

If an agreement is not possible then the case may be referred to court. This divorce procedure essentially involves:

• an application to court (Form A)
• a timetable will be automatically be set by the court (Form C)
• an exchange of financial information (Form E)
• a first directions appointment (FDA) then takes place to consider, for example:
  
  
  • what, if any, extra financial information is needed;
  • if any property or business valuations are needed;
  • what other issues arise; and
  • what steps are necessary to get the case for the next stage
• the case then proceeds to a financial dispute resolution appointment (FDR):
  
  
  • this is a negotiation type hearing with a judge;
  • offers are exchanged in advance of the hearing; and
  • the judge with the legal advisers assists the parties to reach a settlement.
• If the case does not settle then it will proceed to a final hearing where ultimately a judge will make a decision to determine the financial outcome.

The factors that a court takes into account are, in summary, the:

• the welfare of any minor children
• income, earning capacity, assets and financial resources
• financial needs, obligations and responsibilities
• standard of living
• age of each party and the length of the marriage
• health of each party
• contributions (financial and non-financial)
• conduct
• loss of certain rights