It is imperative that a sealed Court Order is obtained from the Court regarding finances because, otherwise, the other party could make an application to the Court for a share of their assets at any time in the future.
In most cases, a settlement is achieved by negotiation which is then incorporated into a Consent Order, approved by the Judge and sealed by the Court. In such cases, it is usually not necessary for the parties to attend Court.
If an agreement cannot be reached, a Form A is issued at the Court and both parties have to file and serve a Form E which gives full details of their income, assets and liabilities. Both parties are given an opportunity to serve a
Questionnaire requesting further information/documentation. The Court then arranges a First Appointment at which the Judge fixes a timetable for the case.
The Court then lists a Financial Dispute Resolution hearing at which the Judge assists the parties to attempt to reach a settlement. If an agreement is still not reached, a final hearing is listed before the Court.
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