Do I Have To Attend Court To Sort Out Finances On My Divorce?
- AuthorBrian Farrell
One of the most frequent questions our divorce lawyers get asked is " Do I Have To Attend Court To Sort Out Finances On My Divorce?"
It is, in fact, quite unlikely that you will need to attend court for a contested final hearing against your spouse. This is supported by the latest Ministry of Justice statistics for Family Courts in England and Wales for the quarter April to June 2015. The recent statistics for applications to court for ‘financial remedies’ show the following:-
- 65% of financial remedy disposals were uncontested. This means that the spouses were able to agree terms at a very early stage between themselves (usually with the advice and assistance of their lawyers) with a consent application then being submitted to and approved by the court which will then issue an Order in the agreed terms. This process is dealt with by post, without the need for any attendance at court. The ‘Consent Order’ is as legally binding as an Order imposed by the court following a contested hearing.
- 26% of cases were initially contested but were eventually settled between the spouses. Again, this means that the spouses did not need to attend court for a contested final hearing, though they may have had to attend court for one or more preliminary hearings.
- Only 9% of cases were contested throughout.
If you are considering or going through a divorce, we would recommend seeking legal advice as soon as possible about financial remedies and likely outcome of any court proceedings. You can then make a full and informed decision about settling your financial affairs with your spouse without the need to go to Court. In the event that one or both parties are not able or willing to agree a settlement then you would be best protected through the Court proceedings by having a specialist lawyer to fight your corner. Whatever your query regarding divorce or separation and the implications, our Family Law specialists are here to assist.
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