STARTING THE PROCEEDINGS

Once the petitioner (also known as the ‘applicant’) has decided to apply for ancillary relief he or she must complete Form A (Notice of [Intention to proceed with] an Application for Ancillary Relief). This form is then filed at the divorce court, which serves the notice on the respondent. Once the respondent has signed this notice a date is fixed for the first appointment (usually 12–16 weeks ahead). The purpose of the first appointment is to settle the case without the need for judicial assistance.

Five weeks before the first appointment the parties must exchange:

• A sworn statement that verifies their financial circumstances as outlined in form E (the standard financial statement).
• All other documents as prescribed in form E.

No less than 14 days before the first appointment they must file and serve:

• 1.A concise statement of the issues between them.
• 2.A chronology.
• 3.Questionnaires related to the statement of issues asking for further documents or a statement that no further information is required.

No later than 14 days before the first appointment the parties must also decide whether they are going to use all or part of the first appointment as the financial dispute resolution (FDR) (see below). This is done using Form G (Notice of Response). The applicant must also confirm that every person who should be served notice of the application has been served notice.

At the first appointment the judge will give directions concerning the questionnaire and any matters such as valuations and expert witnesses.

Financial dispute resolution

There will also be directions as to the position of the case, such as the fixing of the date for the financial dispute resolution. The financial dispute resolution is for all discussions and negotiations. The judge will see that the offer is made and this must be filed not later than seven days before the FDR. The judge may indicate what sort of settlement they have in mind.

The parties are required to use their best endeavours to settle. They must be personally present at the FDR. If an agreement is reached the court will make the final order. If no agreement is reached then the case will be sent for trial.

Offers

Offers can be made and usually an open offer is called the Calderbank offer. The Calderbank offer means ‘without prejudice’, but reserving the right to refer to the offer on the issue of costs.

This is usually made in writing and is the equivalent of a payment into court and is not referred to at the hearing.

If the court awards no more than what was offered the offer may then be referred to. It should protect that party on whose behalf it was sent and also the party on whose behalf it was made.

Forms

The new forms in relation to the rules are:

• Form A – Notice of Intention to Proceed an Application for Ancillary Relief
• Form B – Notice of Application under Rule 2.45 – Ancillary Relief
• Form C – Notice of First Appointment
• Form D – Notice of Financial Dispute Resolution Appointment
• Form E – Financial Statement – Ancillary Relief
• Form F – Notice of Allegation in proceedings for Ancillary Relief
• Form G – Notice of Response – First Appointment
• Form H – Estimate of Costs – Ancillary Relief
• Form I – Notice of Request for Periodical Payments Order at Same Rate as Order for Maintenance Pending Suit.