The Financial Dispute Resolution Hearing - Making a Financial Application (part 3/5)

Jo Spain, family law solicitor

The second Court hearing is called a Financial Dispute Resolution Hearing.  As suggested this is an opportunity to see if the financial dispute can be resolved.

You will be told to attend Court an hour before the hearing in order that your legal representative can discuss matters with your spouse's representative and see if matters can be agreed.  If an agreement is reached then a Consent Order will be prepared and can be sealed by the Court that day.

If an agreement can't be reached then you will go into Court and your representatives will put forward their cases.  No evidence is given but your representative will summarise your position and explain what you are seeking.  If either side has made a “Without Prejudice” offer then these will be shown to the Judge.

The Judge will have read all of the documents already filed and after hearing your representatives will indicate what he or she would order if this were a final hearing.  There is no order made but this does mean that you will both hear what may well happen if this went to a final hearing.

This Judge is barred from hearing this case at a final hearing because he or she has seen the Without Prejudice correspondence.

If no agreement is reached either before or after the hearing then the case will proceed to a final hearing.