As a party to divorce proceedings, whether petitioner or respondent, you have the right to bring a claim for financial remedy against your spouse if you cannot agree matters between you. The claims that you can bring are as follows:
Before issuing a financial remedy claim you are required to try and resolve matters with your spouse through mediation. Mediation is not for everybody and there are some exemptions to this requirement to attend, but without one of these exemptions applying, at the very least you have to attend a mediation information assessment meeting (known as a MIAM) to discuss the mediation process with an expert mediator. Your spouse does not attend this first meeting with you. If you wish or the mediator requires mediation to proceed, then your spouse will be invited to attend a MIAM and thereafter joined mediation sessions can take place if you both wish them to.
Other options to try and avoid court proceedings are to try and negotiate either directly or through solicitors.
If you do not resolve matters an application for financial remedy needs to be issued at Court.
Once financial remedy proceedings have been issued, you will be sent a date for your first hearing which is a ‘directions’ appointment, referred to as the FDA or Financial Directions Appointment. The court will give you a timetable of tasks to complete before the hearing, specifically completion and exchange of financial disclosure in Form E, filing of a Chronology, Schedule of Issues and a Questionnaire setting out any questions you wish to put to your spouse having read their Form E.