The Family Procedure Rules (FPR) govern the practice and procedures in the family courts in England and Wales. Owing to the recent changes to the FPR in April 2024, the Court have placed a greater emphasis on non-court dispute resolution (NCDR) alternatives to court proceedings.
Before an application for financial proceedings on divorce or dissolution can be made, you must consider whether a method of NCDR may be appropriate for you and your partner to try to resolve the issues without having to resort to court proceedings. You will be required to talk through all the options available to you with a mediator at a MIAM (Mediation Information and Assessment Meeting). This is an opportunity to consider the benefits of mediation and other forms of NCDR. If, however, you and the mediator decide that NCDR is not for you, the mediator will use a MIAM certificate, which is a form signed by the mediator, to say that NCDR is not an appropriate option for you. Your partner will not be required to attend the appointment with you.
Judges have the power to adjourn any financial proceedings to encourage you and your partner to engage with NCDR and can make orders for costs against any party who unreasonably refuse to do so. It is therefore very important that you consider all the available NCDR options available to you both at the outset and throughout your matter.
If NCDR is not an appropriate option for you and your partner and you have obtained the MIAM certificate from the mediator to confirm this, a Form A, which is used to start a financial claim in divorce or civil partnership proceedings, will be filed at Court. This is a fairly straight forward form and presently carries a Court fee of £303. Please check the Government website for up to date fees.
Once the Court has issued the form, a date will be listed for a First Directions Appointment. The Court will send both your solicitor and your partner’s solicitor a timetable for the exchange of documents. These documents will include a Form E, which is a substantial document in which both you and your partner will be required to fully disclose your financial position. You are then given the opportunity to formally ask questions of your partner’s Form E.
At the First Directions Appointment next steps, such as the instruction of a single joint expert to value properties or companies, will be discussed and an order made by the Court. This order aims to ensure that all relevant information will be disclosed and will set out the next steps required to facilitate settlement negotiations. A barrister may be instructed to act for you in the proceedings.
If, however, directions can be agreed between you and your partner, a First Directions Appointment may not be necessary, and matters will proceed straight to a Financial Dispute Resolution hearing (FDR).
The purpose of an FDR is to encourage negotiation, and most hearings settle at this stage. The Judge will give their opinion, indicating what the court might decide in respect of the finances between you and your partner, without it being binding on you.
Owing to the current court delays, it is possible to agree with your partner to hire a specialist family barrister or Judge to sit as a Judge for the day to provide an evaluation of the likely outcome of the case and assist with the facilitation of negotiations between you and your partner to bring about an agreed settlement. This is a form of NCDR which can still be used in the context of court proceedings.
If agreement is still not reached at FDR, matters will proceed to a Final Hearing; at Final Hearing, a Judge will make a final and binding decision over the division of assets. It is unusual for a final hearing to be needed – most settle along the way.
Importantly, an agreement can be reached between you and your partner at any time once proceedings have been issued; reaching a settlement agreement will be less expensive and time consuming than proceeding to Final Hearing, which can take up to 12 months.
You should always seek legal advice when considering finances in a divorce. If you need any assistance, please do not hesitate to contact a member of our Family Team to discuss the next steps with you.