Going to Court for Divorce Financial Settlement UK

Our specialist family law solicitors can help. Our team is used to advising on complex divorce settlements, involving family businesses, farms, investments and offshore assets.

If you are concerned about going to court because of statements from your spouse’s lawyers, you should pick up the phone and call us to discuss your circumstances.

Initial Discussion

This summary provides general information and does not constitute legal advice on any individual circumstances.

For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.

Going to Court for a Divorce Financial Settlement

Firstly, you don’t always have to go to court for a financial settlement. If you can reach an agreement with your ex-husband or wife then your divorce solicitor can convert your agreement into a draft financial court order and ask the family court to approve the order. Most orders are approved without the need for a court hearing.

If you think that reaching an agreement with your ex-husband or wife will be impossible, you may well be right. However, if you have tried the direct approach and failed, there are other ways to succeed. Family mediation or solicitor negotiations such as via a round table meeting may well work for you and achieve an agreed financial settlement that can be converted into a binding financial court order. There are also other alternative dispute resolution methods such as arbitration which we can discuss with you.

If there is no possibility of reaching an agreement, starting divorce financial settlement proceedings is a sensible option, as you will not want to waste time and money.

The Divorce Financial Settlement Court Process

If you apply to court for a financial court order, or respond to an application, the court will follow a set process:

• Form E financial disclosure – this is a standard form that has to be completed and supported by specified paperwork
• Questions – raise any queries about the financial disclosure
• First directions appointment hearing – for the court to decide whether to order valuations of assets (such as the family home, pension, family business or farm) and to decide if financial disclosure questions are relevant and proportionate and should be answered
• Financial dispute resolution hearing – for the court to help you reach an agreement. If you reach an agreement at the hearing the court will make a binding financial court order. If you can’t reach an agreement, the court will list the divorce financial settlement claim for a final hearing before a different judge
• Final hearing – the judge will hear evidence and decide on the split of assets and make a financial court order
• The order is implemented – this could involve the sale or transfer of the family home, the payment of a lump sum or the implementation of a pension sharing order by the pension administrators

At every stage in the divorce financial settlement court process, you can negotiate an agreed financial settlement and present it to a judge for approval. The majority of financial court applications reach a resolution, sometimes after the receipt of expert valuations, at the financial dispute resolution hearing or even on the first day of a scheduled final hearing.

Questions About Going to Court for a Divorce Financial Settlement

If you have questions about going to court for a financial settlement, or the range of potential orders that a judge is likely to make in your particular financial and personal circumstances, our team can help you with specialist legal advice and representation.