THE FIRST APPOINTMENT

Both parties must attend the first appointment unless the court orders otherwise. It is very likely that the first appointment will be treated as the financial dispute resolution so it is important that both the parties are there.

The judge’s role indicates that the first appointment should be conducted with the objective of defining the issues and saving the costs. Therefore it is not necessary that the parties arrive in advance of the first appointment but it is usual for the parties to attend early with a view to settling matters.

At the first appointment the judge will decide what further documentation will be allowed at the FDR and final hearing.

The district judge decides:

• what questionnaires need to be answered;
• what documents need to be produced;
• what valuations or other expert evidence are needed;
• what other evidence is needed (e.g. schedule of assets or narrative affidavits).

The sorts of valuations that will be needed are;

• valuation of the home;
• valuation of the family business;
• any evidence of new partners’ means.

The district judge will then fix a date for the FDR unless the case is:

• very complex;
• so simple that is can go direct to final hearing;
• suitable for adjournment for mediation or negotiation;
• one requiring adjournment generally.

Questionnaires and list of documents

At the first appointment the district judge must determine the extent to which any questions seeking information must be answered, and what documents must be produced. They will give directions for the production of any further documents which may be necessary.

The parties should be discouraged from asking unnecessary questions and if they do so, they may end up not being able to recover their costs.

The judge will then move on to the valuation of assets, including joint instructions to joint experts.

The judge will then fix the financial dispute resolution (FDR) hearing date.

Fixing a further directions appointment

A further directions appointment might be ordered where one party has, for example, not completed Form E satisfactorily, or failed to provide prescribed documents. It may be that out of court mediation by negotiation prior to the FDR is necessary.

Both parties need to be compliant with all the directions made at the first appointment, and all offers need to be filed not later than seven days before the FDR. What needs to be filed are cost estimates in Form H together with the decree nisi. The FDR may not be effective without the decree nisi or a decree of judicial separation.