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Divorce 101: Overview Of Financial Issues - England & Wales (#25)

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No. 25 - Overview Of Financial Issues - England & Wales

In addition to paying the and sorting out , you'll need to come to an , including property, pensions, and savings, and the payment, if appropriate, of .

Where an agreement is not possible, one party can apply to the court for a financial order, which is known as .  But, this cannot be done until the court receives the divorce petition.

Once the application for is received, the court will schedule an appointment with a judge to consider the case.  This is known as the .

The parties must then , which must also be filed with the court, so that by the time the comes around, both parties know about each other's finances and the matters about which they agree and disagree.

** It is important to note that either party may at any stage of the proceedings make a written offer to settle any issue or part of the proceedings relating to the application for .  It is advisable, however, to consult with a solicitor beforehand.

If the parties do not settle, they must both personally attend the .  If one party fails to attend, they may have to pay the other party's costs of the wasted appointment.

At the appointment, the judge can do any of the following:

  1. Give further directions on how the case will proceed.  For example, the Judge might need further information and adjourn the hearing to allow time to collect this.

  2. In certain circumstances and if both parties agree, make a in respect of the application.

  3. Refer the case to a (FDR) hearing.

  4. Adjourn the case so the parties can go to , if appropriate.

In most cases, the parties reach an at or before / .  But, a small minority of cases proceed to a where the court hears arguments from both sides before it imposes a settlement in a court order.

The final order cannot be made (except for where it is for maintenance pending suit or periodical payments for a child) until the is pronounced.  And the order cannot come into force until the .

Applications for Interim Orders

Either party may, however, at any time before the final order is made, apply for an interim financial order, as necessary.  For example, where they are struggling to meet immediate expenses without the other's support.

** Additional information & advice **

You can obtain further information about on .  Depending on your circumstances, however, you may want to speak with a .  You can be in your area for free via solicitor matching services, which can also help you to understand the best course of action and whether you are ready to hire a solicitor.

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