Stage 2: First Appointment

The First Appointment must be conducted by the District Judge with the objective of identifying the relevant issues between the parties and saving legal costs by reducing costly investigations into the parties finances which may not be considered cost effective. Both parties must personally attend this hearing unless the Court orders otherwise.  

The district judge will make directions to deal with some of the following issues  

a) valuation of matrimonial assets eg order an joint expert valuation of the matrimonial home if this is in dispute.  

b) What questions have to be answered by the parties in response to the Questionnaires that may have been served. The District Judge will consider the Questionnaires each party may have served and determine what questions to allow.  

c) What further documents each party has to disclose.  

d) What further evidence is required, e.g. expert evidence.  

e) The listing of the case for a  Financial Dispute Resolution   hearing (FDR). A date will be fixed. This is a meeting of the parties and their legal representatives at Court to discuss settlement and the District Judge can give guidance on what the best outcome should be. Some cases will not be suitable for an FDR because the parties’ positions are too far apart and the possibility of settlement so remote that having an FDR could be a waste of costs. In these instances the case is listed for further interim or a final hearing.  

f) The District Judge can make any interim order if an party has made an application.  

g) Finally the District Judge may make an order for costs. Usually where both parties have complied with the rules no order will be made. However, for eg if a party has caused the First Appointment to be a wasted hearing or acted unreasonably by not complying with all the steps then an order for costs may be made against that party.  

In some cases where all relevant documentation has already been exchanged and is before the Court the District Judge may treat the First Appointment as an FDR hearing. This will reduce the parties’ costs.