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FINANCIAL CLAIMS
Stage 1 : The Application
Either spouse can make the application by filing
Form A in the court where the Divorce proceedings have been
issued. The spouse who makes the application is called the Applicant
.There is a court fee of £80 to be paid by the Applicant. At
this stage no evidence or supporting statements has to be submitted
to the Court.
When the Court receives Form A it will
list the case for a hearing called the First Appointment between
12- to 16 weeks from the date of receiving the Form A. The court
will then serve a copy of the Form A on the other spouse of
their solicitor within 4 days .
The First Appointment cannot be adjourned
without the court’s permission.
A notice of the First Appointment is sent
to both parties setting out the steps each party must take prior
to the First Appointment. This will involve both parties to
file Form E -
a financial questionnaire which is sworn together with supporting
financial documents and Other
Steps dealt with below.
 Form
E
The Form E must be simultaneously exchanged
at least 35 days before the date of the first appointment.
This is a lengthy form required to be completed and then sworn.
In addition documents evidencing the finances must be attached
to the form. Which documents are required will be identified
on the form. Examples of what is normally required include
: -
a) valuation of the matrimonial home
and/or other property;
b) an up to date mortgage statement
c) previous 12 months’ bank statements
d) surrender value statement of insurance
policies
e) annual accounts of business for previous
2 years
f) pension valuation statement
g) previous 3 months’ wage slip and
the most recent p60
The parties may also attach any other
documents which are necessary to explain or clarify the information
contained in Form E.
Some of the documents may not be readily
available at the time of exchanging the Form Es. Any that
are not should be served at the earliest opportunity.
No party is required to give information
beyond that contained in Form E before the First Appointment.
Any further information sought by either party must be set
out in a Questionnaire which must be served before the first
Appointment.
Other
Steps before First Appointment
At least 14 days before the First Appointment,
both parties solicitors must file and serve on the other party
the following
a) a chronology of the important dates
in the case
b) a statement of the issues that need
to be decided by the court;
c) any questionnaire seeking further information and documents.
Often the Form E which is a standard document does not give
a full picture of the finances or there may be queries arising
from the Form. A party can serve a list of questions and request
for any further documents. The other party does not have to
respond to these questions before the First Appointment. The
extent to which the other party has to respond to the Questions
will be decided at the First Appointment.
d) a notice stating whether the party
will be able to proceed at the first appointment
Estimate
of Costs
Prior to the First Appointment each party
must serve a cost estimate giving an estimate of their total
costs and disbursements to date. In addition if either party
wishes to ask the court for award costs for the first appointment
that party must produce a Schedule of Costs giving a more
detailed breakdown of the costs incurred. This schedule
must be served at least 24 hrs before the First Appointment.
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