How are debts owed to family members dealt with in divorce proceedings?
The first question for the court to determine is whether the debts are legitimate, and this is a...
A fact finding hearing is a hearing whereby a judge considers a contested factual dispute, usually relevant to the welfare of children or any allegation of domestic abuse.
When an allegation is made and the other party disputes it, the Court will hear oral evidence from both parties and any relevant witness. The parties are cross-examined and asked questions under oath to test their evidence. The judge will then consider all evidence presented before the court before making their decision.
It is up to the party making the allegation to prove to the court, on the balance of probabilities, that the allegation is true.
Once the decision has been made, if there is a finding of fact, this can then be used in the final hearing in a family court. If the court finds the allegation untrue, it will be dismissed and the allegation cannot be relied upon any further within the family court proceedings.
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