Capitol Family Mediation Bexley

If no agreement is reached at the FDR, the case proceeds to a Final Hearing. Both parties and their legal representatives attend to present evidence, cross-examine witnesses, and make closing submissions. The Judge then makes a legally binding Financial Order resolving all claims.

Types of Financial Orders 

When making a decision, the court must consider the Welfare Checklist and a range of factors, including the income, needs, responsibilities, and contributions of each party. The Judge can make orders for:

Lump Sum Orders: A specified cash payment from one party to the other.

Property Adjustment Orders: The transfer, sale, or division of interests in property (e.g., the family home).

Pension Sharing Order  – The court process is structured to promote agreement at every stage, with the Judge only imposing a final order if all attempts at settlement fail.

THE MEDIATION PROCESS

1. Pre-Court Requirement (MIAM)

Before an application can be issued (using Form A), the applicant must first attend a Mediation Information and Assessment Meeting (MIAM) with a registered family mediator (unless an exemption applies, such as proven domestic abuse or urgency).

2. Issuing Proceedings (Form A)

If mediation is unsuitable or unsuccessful, the applicant files Form A (Notice of Intention to Proceed with an Application for a Financial Order) with the court. A court fee is payable at this stage (unless the applicant qualifies for Help with Fees).

3. Full Financial Disclosure (Form E)

The most critical stage is the disclosure of finances. Both parties must complete Form E (Financial Statement), a detailed document outlining all assets (property, savings, pensions, investments), liabilities (debts), income, and expenditure.

Form E, along with supporting documentation (bank statements, valuations, pay slips, etc.), must be exchanged between the parties and filed with the court by a specified deadline.

4. First Appointment (FA)

This is the first hearing before a District Judge. It is primarily an administrative hearing to define the issues in dispute and decide what further information or expert evidence (e.g., property or pension valuations) is needed.

5. Financial Dispute Resolution (FDR) Appointment

This is a highly important, private hearing where a Judge provides an impartial indication of what order they would likely make if the case proceeded to a final hearing.

The FDR Judge aims to facilitate a settlement based on this indication. Most cases settle at or shortly after the FDR, avoiding the need for a final, costly hearing.

6. Final Hearing –  Dividing pension assets accrued during the marriage or ongoing periodical payments from one party to the other (often for a defined term).

Clean Break Orders: A legally binding order preventing either party from making any future financial claims against the other.er