Divorce Advice And Help _ Ancillary Relief Scheme

This approach was piloted through a number of specified courts around the country and is now available throughout the UK.  It involves the courts being more actively involved at an earlier stage in the normally problematical area of financial agreements. Financial disputes have tended to be quite costly and the aim is quite literally to present the case before a district judge to give an opinion as to how the case may be handled should it proceed to a full hearing.

The process is as follows:

Financial and Circumstances Questionnaires and First Directions Appointment (at court)

• 35 days before both parties are due to appear at court, financial statements and details about the marriage are exchanged, copies are filed at court, these are normally done using special forms (questionnaires).
• One week before the first directions appointment, each party must confirm with the other party any further information required of the other party. A schedule will also be issued requesting copies of any documents required from the other. A statement will also be prepared by each party with regard to the specific issues that are in dispute. Copies of all of this are also issued to the court.
• First Directions - each party is required to be present. The district judge will give directions on how far, if any, any of the queries should be answered. The judge will also request any further valuations that may be required and resolve how any other matters should be clarified. It is normal that each party will attend this short hearing with legal representation, normally by a solicitor. It may also be referred by the judge for mediation should this not have already been pursued. A date for a Final Dispute Resolution (FDR) hearing will normally be set at this stage.

Final Dispute Resolution (FDR)

• FDR has been likened to a very serious mediation session, where the district judge is the mediator.
• Each party is required to be present and is normally represented by both a solicitor and a barrister. It is the barristers role to act as counsel for you at this hearing, advise you and speak on your behalf.
• In summary, what happens is that all parties normally appear before the judge to hear the initial representations by both parties. The judge will then express his opinion and parties leave for debriefing and discussions.
• What then happens is a lot of negotiation between parties, the barristers acting as "go between's" and going back and forth in negotiation, possibly being called back before the judge again for further views on possible solutions. This can happen a number of times through the day. The judge will have many cases that are being presented to him throughout the day. Any negotiations that take place during the FDR are done "without prejudice", which means that they cannot be mentioned if the hearing is unsuccessful and the case proceeds to a full hearing.
• If agreement is reached by all parties, this will be presented to the judge for his consent. Assuming that all is in order, the orders are then drafted by the barrister and signed by all parties for issue by the courts.
• The divorce negotiation can then be closed and decree absolute (to dissolve the marriage) applied for.

The benefit of this approach is that there is pressure on all parties to reach a satisfactory conclusion. Likewise, the legal costs alone are vastly reduced as this route may avoid having to have a full court hearing. If the case does go to a full hearing it will not be heard by the original judge but by a new, separate, judge who has not previously been involved in the case.