Starting the court case against your ex

If you cannot settle your finance claim against your ex, you will need to commence a court case.

The court case is divided into parts:

• [a] Ussue the proceedings
• [b] Court makes a order for directions
• [c] Both parties exchange Form E which is a detailed financial statement of your assets, income, liabilities and needs.
• [d] With Form E you make standard disclosure of documents such as 12 months bank statements.
• [e] There are various documents you will need to obtain such as a valuation of the former matrimonial home; Pension Cash Equivalent Value and capacity to raise a mortgage.
• [f] The court will list the case for a First Appointment.
• [g] The parties can ask for further directions to get the case ready for a Financial Dispute Resolution hearing. At this stage, the parties will enter into negotiations to settle.
• [h] Should the case not settle, the matter will proceed to a Final Hearing which is a trial.
• [i] At the trial the court will make financial orders based on the evidence. The parties will be cross examined on issues that are in dispute.
• [j] It is important to try and settle the case before a trial since going to trial is extremely expensive.