The Final Hearing - Making a Financial Application (part 4/5)

Jo Spain, family law solicitor

If no agreement can be reached then you will have a final Court hearing so that the Judge may hear evidence from both parties and make a decision as to how assets will be divided.

It is usual for both of you to have a Barrister as well as your Solicitor to represent you at Court at the Final Hearing. Their role is to speak to the other person's Barrister before the hearing and try to negotiate an agreement.  If no agreement is reached then they will present your case to the Judge in Court, take your evidence by asking you questions in Court and cross-examine the other person.

The other person's Barrister will do the same and at the end both Barrister's will summarise the cases.  The Judge will then decide what is to happen and will usually deliver a verbal Judgement at Court the same day.  If there is not enough time for the Judge to do so or if the Judge feels that they need to consider matters then they may reserve Judgement and call you back another day to tell you what is to happen. This may be the next day or it may be a few days or weeks later.

Once the Judge makes a decision then an Order is made and is legally binding upon both of you.