Divorce in Middlesbrough County Court

Procedure for dealing with Financial and Property matters

  1. Since October 1996, cases in Middlesbrough County Court were conducted under an experimental or Pilot Scheme involving different procedures but subject to the same law as applied throughout the country.  This scheme was extended nationwide in June 2000.
  2. An application for an Order dealing with finance and property is started by one or other of the parties to the divorce filing an application in Court and paying a Court fee.
  3. On receiving the application, the Court Office fixes a First Appointment which will normally be between twelve and sixteen weeks ahead.
  4. Both parties must then complete and swear a Financial Statement.  The Rules require that this Statement be completed 5 weeks before the First Appointment and when both parties have prepared and sworn their Statements, copies are exchanged.
  5. Between then and the date of the First Appointment, the solicitors have to give careful consideration to the information supplied and to consider the case in a variety of ways e.g.:-
    • What additional information may be required from the other party.
    • What documents should be produced e.g. in relation to the family home, investments, pensions etc.
    • What are the mains issues between the two parties in relation to financial and property matters.
  6. Before the First Appointment, the solicitors have to send to the other side notice of any particular documents they want to have produced or any additional information that they wish to have. They also have to send to the court a statement of the main issues involved in the case and confirm whether the case can immediately proceed to a “Financial Dispute Resolution Appointment” (FDR).
  7. At the First Appointment, the District Judge considers the Financial Statements, what the issues of the case are, and decides what additional information should be produced by each party and what documents each party should be required to produce in support of their case, if any.
  8. At the First Appointment the District Judge must also consider whether the case can proceed as a Financial Dispute Resolution Appointment. If it can proceed as an FDR, the Judge considers the issues that arise in the case and possible means of settling the case by agreement instead of by having to have a full Court hearing.
  9. If it is not appropriate to proceed immediately to an FDR appointment, perhaps because further documents are required, the Court will list a further date for this FDR appointment to take place. Both parties and their solicitors must again attend and efforts are made towards settlement.
  10. If arrangements are agreed at this informal hearing (whether it takes place at the First Appointment or FDR appointment later), the terms that have been agreed would normally be incorporated into a Court Order which would state that it is made on an agreed basis.
  11. If matters are not agreed at this informal hearing, or the District Judge decides at the First Appointment that the case is not suitable for Financial Dispute Resolution, the case will be listed for a formal hearing before one of the District Judges. This hearing follows the normal course for hearings of this type.
  12. It is a rule of the procedure that if one of the District Judges has dealt with Financial Dispute Resolution hearing on an informal basis, which has not managed to resolve matters, he is not allowed to be the Judge at the formal hearing of the case.
  13. Whenever the case is considered by the Court, it is a requirement that each party informs the Court of the extent of legal costs that have been incurred upto the date of that hearing. It is our normal practice to advise you of the costs from time to time in any event, but in particular we can do so at the time of each hearing.
  14. This approach is designed to try and help people to come to an agreement about financial matters instead of having to fight them out fully in Court. It is generally accepted that if matters can be resolved by agreement, it is beneficial to everyone concerned, particularly for the children of the family who will see that their parents have been able to reach agreement on matters in issue.
  15. If you have any queries about the procedure involved, please speak to the solicitor dealing with your case.
Family Law Solicitors