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In divorce proceedings the First Appointment is one of three court hearings scheduled to resolve the financial matters of the divorce.
The First Appointment
Before the First Appointment (also referred to as an FDA) both parties are required to exchange a Form E and other financial disclosures. At the First Appointment it will be decided if any extra information is required before the case is ready to proceed to the next stage, and set deadlines for when this information is required.
Has my spouse applied for a financial remedy order?
If you have received an Order from the court giving you Notice of a First Appointment then your spouse has applied to the court for the financial aspects of the divorce to be settled in court.
I have received Notice of a First Appointment, what should I do?
Firstly, you should seek legal advice. We assist many clients with the required preparations for the First Appointment. Failing to properly prepare for the First Appointment can have consequences. If your finances are particularly complicated, you may also need to seek advice from a financial professional, which again is something we at George Green can help arrange for you.
What do I need to do before the First Appointment?
The Notice of a First Appointment will state the date, time and location of the hearing. This can be a remote hearing either on the phone or via webcam so it is important that if the court does not have your contact details that these are accurately provided to the court.
The Notice of a First Appointment will state what you need to do prior to the hearing. Depending on what financial applications your spouse is making will depend on what the court requires you to do prior to the hearing. Documents required before the First Appointment are:
- Form E
- Statement of Issues
- Chronology
- Questionnaire
- Form G
What is a Form E and what are the other documents required?
Each party will need to prepare and exchange what is known as a Form E. A Form E is a court form and requires each party to disclose details relating to their financial circumstances, such as income, capital and pensions. Parties also have to provide supporting documentation, such as bank statements.
When completing the Form E you have an obligation to the court to give full, frank and clear disclosure. There can be serious consequences for a party who does not comply with this.
Knowing what exactly to put in a Form E can be difficult and very time consuming. We can help you navigate your way through the Form and advise as to what information is required to ensure you are complying with your duty to the court to give full disclosure.
The Statement of Issues is a concise statement of the principal issues between the parties.
The Chronology sets out significant dates of the marriage.
The Questionnaire asks for further information relating to full financial disclosure. At the hearing the court may strike out irrelevant questions or questions that are disproportionate to the assets involved.
A Form G informs the court whether the First Appointment can proceed as a Financial Dispute Resolution hearing (FDR). This can help save costs as it reduces the number of court hearings required.
Should I instruct a barrister for the First Appointment?
This will depend on each individual case. Where there are complex issues or assets it may be worth getting counsel’s opinion on the matter. We would advise you as to the best and most cost-effective option for your case.
Contact us
If you have received a Notice of a First Appointment and would like to seek further advice or instruct us to act in the proceedings please call 01902 328 355 or complete our online enquiry form and a member of our team will respond. We have offices in Cradley Heath and Wolverhampton.