What happens if you and your spouse can't reach an agreement ?

Sometimes negotiations are not successful and a stalemate is reached. The only way then to break the logjam is to start financial proceedings. A short form is issued at Court and sets in motion a strict timetable to resolve the financial dispute as follows:-

1. A hearing called "The First Appointment" will take place usually 12 to 16 weeks after the financial application has been filed. You and your husband or wife will exchange your financial statements (known as "Form E") at the same time, at least 35 days before the hearing. This statement gives a detailed summary of your finances. At least 14 days before the hearing, various documents are sent to the Court including a questionnaire. This sets out various questions to be answered and documents produced to clarify the finances. The District Judge will decide at the First Appointment how much of this questionnaire must be answered.
2. At the First Appointment a District Judge will fix a date for a Financial Dispute Resolution hearing (FDR). The FDR hearing (at which the parties will be encouraged to reach an agreement) is likely to take place about 2 to 3 months after the First Appointment. The District Judge can also treat the First Appointment as an FDR hearing if appropriate.
3. At the FDR hearing the District Judge will be able to see that proposals have been made to settle the dispute. Some District Judges give their view of an appropriate settlement as a guideline.
4. If a settlement is not reached at the FDR stage, there is a final hearing at which a District Judge will make a decision on the right settlement having heard evidence from you and your partner. Very few cases reach this stage. It is expensive and is only reached if all other attempts to settle the case fail. By issuing "financial proceedings" it does not mean that you are forced to proceed to a final hearing; most cases are resolved by way of a negotiated settlement at any early stage either before or after proceedings are issued but well before reaching a final hearing. There are many opportunities to settle a case on route and both you and your partner are under a duty to negotiate with each other. It is usual that negotiations take place while proceedings are running.
   
   The above procedure is only applicable to couples who are or have been married.

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