ANCILLARY RELIEF PROCEEDINGS – PART 4 - THE FINAL HEARING

Previous editions of LIVING WITHIN have contained a series of articles written by me regarding what lawyers term “ancillary relief” proceedings, that is, proceedings that relate to financial, property or pension matters following divorce, judicial separation, nullity and civil partnership dissolution proceedings.

“Final hearings” probably only occur in some 10% of cases involving an application for ancillary relief.  If a final hearing is necessary, in addition to listing the matter for such, the Judge dealing with the case is likely to make what is known as an “order for directions”. 

Typically such an order will require the parties to:-

1. File (with the Court) and exchange (with each other) what are termed “narrative” or “Section 25” (of the Matrimonial Causes Act 1973) statements.  Whilst I shall write more fully about Section 25 in a future edition of “Living Within”, that legislation contains details of the matters to which the Court is to have regard in deciding how to exercise its powers when dealing with ancillary relief applications, first consideration being given to the welfare, while a minor, of any child of the family who has not attained the age of eighteen;

2. Provide updating of the financial disclosure previously made by them, whether in their respective Financial Statements (Forms E) or subsequently.  It should be borne in mind that a period of  9 to 12 months may have elapsed between the filing and exchange of Forms E and the date of the final hearing;

3. Produce up to date valuations of assets such as the former matrimonial home, business interests, pension funds and similar items.

My recent experience is that a minimum of two days will be allocated to the final hearing of a case, even where the issues between the parties and the extent of their assets are relatively limited. 

At a final hearing, the parties will each give evidence on oath that is subject to cross-examination.  There is also likely to be a detailed consideration of the documentation produced by both parties.  Generally, both parties’ cases will be presented by barristers (or “counsel”) who will both represent their respective clients and make representations on behalf of them.  Depending upon matters such as the complexity of the case, judgment may not be given at the conclusion of the hearing but “reserved” to be given at some subsequent date.

My final comment relates to the costs of proceeding to a final hearing.  As a rough guide, the costs incurred by the stage of a final hearing will be approximately twice what they were when the Financial Dispute Resolution appointment took place.  As the result of changes to the rules relating to costs that were introduced on 3 April 2006, it is now extremely unlikely that either party will be ordered to pay the other’s legal costs.  The general rule is that each party is responsible for his/her own costs of ancillary relief proceedings.

Martin Chambers is a solicitor specializing in family/matrimonial law.  Married with two children, Martin’s outside interests include junior and Premiership football, rugby and travel.

<BACK