10 Feb 2025

Navigating financial matters after a marriage breakdown can be complex, especially when court proceedings are involved. This guide explains the key hearings, essential forms, and the importance of a Final Order in resolving financial disputes.

A.) Financial proceedings in the family court typically involves up to three main hearings:

The FDA, the FDR and the Final Hearing

1. First Directions Appointment (FDA):This is the first hearing. Key documentation needs to be completed and filed with the court and the other party before the FDA. The most important document that is completed before the FDA is the Form E.

Form Es are then mutually exchanged between the parties’ solicitors.

A Questionnaire can be prepared and exchanged about a spouses Form E which aims to ask about any inconsistencies, missing documents or general questions about the spouse’s situation.

The purpose of the FDA is to identify the issues in dispute, decide what further information is needed and set a timetable for the case and those omissions. Examples of further information might be a formal valuation of the family home or a report into how best to share or deal with pensions.

The Judge will give directions about what needs to be done before the next hearing, such as providing more financial information or answering questions.

2. Financial Dispute Resolution (FDR):The FDR is a crucial hearing where both parties are encouraged to negotiate and reach an agreement with the help of a Judge. Around 75% of cases will conclude at this hearing. The Judge will give an indication of the Judicial view about settlement based on the information provided. While the Judge’s opinion is not binding, it can guide the parties towards a settlement. If an agreement is reached, the Judge can make an order to finalise the settlement in the form of an Order (which is then binding).
3. Final Hearing:If no agreement is reached at the FDR, the case proceeds to a final hearing but before a different Judge to that of the FDA and without reference to any discussions at the FDR. Here, both parties present their cases, and the Judge makes a binding decision on how the finances should be divided.

B.) Essential Forms: Form E, ES1, ES2 and the Questionnaire

Several forms are crucial in the financial remedy process:

1. Form E: This is a comprehensive financial statement that each party must complete and exchange before the FDA. It includes detailed information about income, assets, liabilities, and outgoings. Form E provides the court with a clear picture of each party’s financial situation. The Form E will require a vast array of attachments. These attachments include 12 months bank statement for each bank accounts held, values of pensions, any state benefit income, any salary income from employment or self-employment and details of any business assets.
2. ES1: the ES1 attempts to bring together the narrative of the case. It outlines who the parties are, if any expert reports have been received, how much each party has currently spent on legal fees and an outline of each party’s position.
3. ES2: this ES2 brings together the financial picture in the case for each party. The document allows for a Judge to quickly see what finances are agreed between the parties and what is still in contention.
4. Questionnaire: after exchanging Form E, each party can submit a questionnaire asking for further details or clarification on the information provided by the other party. This is an opportunity to address any gaps or inconsistencies in the financial disclosure.

 C.) Final Order

A Final Order records the agreements made between the parties or the decision made by the Judge. The Order is binding. This Order is also used to provide clarity for what must be done. The Order may refer to a house being sold; a lump sum being paid/received and/or a Pension Sharing Order.

If you are going through a divorce or want advice about how to deal with this. At Rubin Lewis O’Brien we have a dedicated team of solicitors who can help guide you through the process.

Contact one of the team on 01633 867000 or email info@rlo.law for more information. Rubin Lewis O’Brien offer a free, no obligation, 20 minute telephone call where you can ask questions and, hopefully, start to understand how to move forward.