What goes on in a Divorce Final Hearing?

[Orangerie]

Unfortunately we have passed by the 1st Hearing and FDR without getting to an agreement, can somebody explain me what goes on in a Final Hearing?

I know that we will be called to provide evidence, and expert witnesses opinions will be heard but, does anybody have an idea of how the stuff is organised during the day? Does it all takes place in the same day? does it extend over several days? what is the regular timetable? (if there is one, of course).

TIA

[redeemthepathgirl]

am in same boat!

[Orangerie]

Hi Pathgirl! Just found something about it, however I would be grateful if somebody can add to it as it is the only info I got:

It can last one or two (full) days. Legal costs no less than £6000 per party.

[mumblechum]

The court will have stated, in the last order, what the time estimate is. It's usually one day but may be longer if very complex.

Whoever lodged the ancillary relief application (not necessarily the petitioner) goes first. The applicant's barrister will take the judge through their skeleton arguments, which is a basic history and points of law. The opposing barrister will then do the same (max 10 mins each). Then the applicant will give evidence. It will almost certainly be around a table rather than in a proper courtroom.

The opposing barrister will then cross examine the applicant and the district judge will ask any questions they have.

Then the respondent gives evidence & is cross examined.

Then expert witnesses will give evidence and be cross examined.

The judge will then almost certainly retire to work out a judgement which may be handed down immediately, or if complex, may be deferred for a day or two. Usually the former.

[mumoverseas]

beat me to it MC As usual, I totally agree

[Orangerie]

Thanks for that.

I have a couple of questions... you mention about cross examination, lets say that I have been cross examined by ex's barrister. Do my barrister get a chance to make questions that help clarify my answers straight afterwards?, or does that happen only in American movies?

I still can't see how we can spend a day or two in court... the problem here is not the complexity of the case, both judges have been very clear to ex that he doesn't stand a chance on hell to get what he wants, the problem here is sheer stubborness...

[mumoverseas]

Yes, it is like in the movies! Your counsel (barrister) would get to re-examine you to clarify any issues.
Normally I'd expect a contested AR hearing to be one day but I have been to some that have been listed for 2 or 3 days but that is in exeptional circumstances for example where there are assets such as a company or some other complex issue.

If the Judge at the FDR gave a clear indication that your ex is being unreasonable then hopefully you will have a good chance of getting a costs order against him at the final hearing.

[Orangerie]

Thanks again. :-)

Things are on going, barrister appointed, experts appointed, things all on course at considerable expense.

The thing that I still find ridiculous is that the judge can only "suggest" during the first and second hearing, but can't really "rule" until the third. It seems that justice is just for the rich (doubt a CAB volunteer will be in a position to help all the way to a final hearing). By the time the judge can give a veredict I would have spent more than £20,000.

I understand that the parts need to be encouraged to get to an agreement by themselves, but to be honest... if you end up in court is because such agreement can't be reached.... it seems to me that at lot of people may not have get "justice" at court, as they will find the need to drop out somewhere along the way due to lack of funds

[redeemthepathgirl]

I think it would be more like 30000..am trying hard to prevent court but now have to do final statement..yes, it's a huge waste of time and very stressful