How long after issuing court proceedings is the first hearing likely to be?

[TeaOnTheMountain]

Just that really. Read online that it has to be within 12-16 weeks - it has to be within that timeframe or can it be sooner? Can it be longer? I keep hearing about a backlog 😕

And you have to fill in form E five weeks before the first hearing?

Thanks 🙂

Hi

Its generally 3 months before the first directions appointment to allow both parties time to complete the form E and gather evidence.

Approx 35 days before the hearing you need to exchange Form E's with the other party. Then once you have gone through their form E and supporting evidence 2 weeks before the hearing you need to submit the following:

Statement of issues (why you are going to court)
a chronology (important dates in the relationship)
a questionnaire (questions you with to ask the other party)
the form G (which asks if the FDA can be turned into a FDR providing you have all the documentation)
Form E and supporting evidence

There may be other things you need to include like house valuations etc.

Good Luck

If one party refuses to disclose - what happpens then?

Currently he is saying he won't disclose (his company assets held in trust - he is trustee and beneficiary, worth a lot) to my solicitor, its been months and I'm basically being left with no other option so submitting forms this week... he says he won't give them to the court either and they can't force him, only find him in contempt.

I spoke to the admin lady at the local family court today and she said the judge would just adjourn the case until he did provide it - that cant be the case indefinitely though can it? I'm just so exhausted and drained.

Thanks by the way, really helpful response.

I was slightly concerned it was a max date and they'd come back with a date in 6 weeks and I'd need to gather all the evidence together in a fortnight or something.

Have you tried mediation? What is he offering you as a settlement. Would he offer you an interim settlement for now? Worth trying again

Yes we've tried mediation.

I really don't think its worth trying again, he offered me slightly less than a third of the value of the equity in our house and nothing more. The company assets are worth considerably more than our house. He is a very high earner, I am not.

Hi

So if he refuses to file at the FDA then you can ask the judge for a penal notice which compels him to file. Generally this tends to focus the mind of the opposing party.

It can go either way at that point. If he refuses to file you may be able to request an order for costs. That basically means if a DJ (district judge) thinks they are frustrating the process then the other party may have to pay your costs. Bear in mind tho that in the family court each party pay their own costs. This could mean the costs for both of you come out of the money in the pot.

Hope that helps

"Bear in mind tho that in the family court each party pay their own costs. This could mean the costs for both of you come out of the money in the pot."

Thanks for that info Rose. What do you mean by this bit? Wouldn't the costs already come out of the money in the pot ultimately? How would a costs order change this?
I don't hugely understand the division of costs - my solicitor says that I should seek for costs to be considered before asset splitting at the moment.

@TeaOnTheMountain

Yes we've tried mediation.

I really don't think its worth trying again, he offered me slightly less than a third of the value of the equity in our house and nothing more. The company assets are worth considerably more than our house. He is a very high earner, I am not.

We tried mediation again and again, the ex wife said all the right things but refuses to action any agreements. We ended up wasting a lot of time so IMHO if you know they wont mediate just go straight to court.