PREPARATION FOR THE FIRST APPOINTMENT

Filing

The following must be filed if the process is to be commenced:

• Form A plus a copy for service;
• The fee.

There will now be a hearing date set at this stage for the first appointment, within 12–16 weeks ahead. It cannot be altered without the court’s permission. Therefore most of the preparation in the case must be completed at this stage; the parties then file a Form E.

These are steps that must be completed before the first appointment:

• preparing Form E;
• exchanging Form E;
• completing Form G;
• questionnaire and list of documents;
• the first appointment.

The parties must file and exchange at least 14 days prior to the date fixed for the first appointment:

• a concise statement of the issues;
• chronology;
• any questionnaires requiring information and documents;
• Form G;
• immediately before the first appointment each party must file Form H, detailing the costs incurred to date;
• any questions must be authorised by the administering judge and have to be submitted prior to the first appointment. The questions have to be approved by the judge.

Preparing Form E

Form E standardises what the parties are revealing about their financial background. The parties must both file and simultaneously exchange Form E to support the application. It is very long and detailed document, sets out all the capital, income, standard of living, and includes income, benefits in kind, outgoings, assets, pension rights, whether they intend to remarry or co-habit and any conduct which might be applicable.

The parts of the form are broken down into the following.

• 1.General information.
• 2.Financial details including property and bank accounts.
• 3.Securities, insurance policies and savings.
• 4.Cash and chattels.
• 5.Other realisable assets.
• 6.Liabilities.
• 7.Business assets.
• 8.Pensions.
• 9.Other assets.
• 10.Income.
• 11.Additional income – benefits etc.
• 12.Self employed or partnership income.
• 13.Investment income.
• 14.Any other income.

Filed along with the Form E should be:

• the last three payslips;
• the last P60;
• bank/building society statement of the last 12 months;
• any property valuation obtained in the last six months;
• the most recent mortgage statements;
• the last two years’ accounts for any business or partnership plus any relevant documentation;
• valuation of any pensions;
• surrender valuations of any life insurance policies.

Part 3 requirements

• 1.Income needs.
• 2.Capital needs.
• 3.Significant changes in net assets.
• 4.Standard of living.
• 5.Contributions.
• 6.Conduct.

Conduct has no relevance in financial proceedings and should be omitted.

Financial details of the new partners

This can obviously cause some considerable problems. The simplest way is to deny all knowledge of his or her financial affairs.

Exchanging Form E

Both parties must exchange and file with the court a statement in Form E. No party should have the advantage of having read the other party’s statement. Form E must be filed and exchanged within 21 days of the first appointment.

Procedure

Following the exchange of Forms E send the other side’s Form E to the client and take instructions as to any further disclosure or questions.

Further action before the first appointment – preparation of:

• concise statement;
• chronology;
• questionnaire and any further information and documents requested
• a notice in Form G;
• confirmation of any other notices to be served.

Completing Form G where there is to be a financial dispute resolution

It will be correct to state that the applicant/respondent will be in a position to proceed with a financial dispute resolution appointment for the following reasons.

• 1.The applicant considers that the respondent has provided sufficient documentary evidence.
• 2.There are a number of issues as set out in the applicant’s statement, which it has not been possible to resolve, upon which the applicant asks for the court’s guidance.

The concise statement of issues

This would cover such things as housing, income and chattels and set out why the client has come to that view.

The chronology

This would be the history of the marriage.

Questionnaire and list of documents requested

If this form is filled in correctly it should reduce the scope for questions.