I AM L.I.P

I AM L.I.P

I am a Litigant In Person

A Basic Step By Step Account Of The Whole Court Process Of Dividing Marital Assets Including Making the initial Application To Start court proceedings

 

If you and your ex-partner cannot come to an agreement over the division of your marital assets, finances, and pensions between yourselves or through mediation, then you will need to go through the court process. To do this you can hire solicitors and barristers, which will be expensive, or you can become a litigant in person – a person who is involved in court proceedings and is not represented by a solicitor or barrister. Today, many people choose the latter option because they cannot afford solicitors, do not want to end up in debt, or are not entitled to legal aid. This Help Guide will take you, step by step, through the court process so that you are aware of what to expect.

This court process of dividing assets, finances and pensions is also called the ancillary relief process, financial remedy process, or financial settlement.

The application form to start court proceedings for division of your marital assets, finances and pensions is form A which will be discussed in step 4 below.

You can send in form A to your local family court once you have sent in your divorce application form D8 and the family court have issued a notice of divorce proceedings. However, the court can only legalise/approve any financial agreements that have been reached between you and your ex-partner once the court has issued a conditional order. This court approved agreement will come onto force once the family court have issued a final order. 

LINK TO OUR L.I.P HELP GUIDE FOR THE PROCESS OF APPLYING FOR A CONDITIONAL ORDER

LINK TO OUR L.I.P HELP GUIDE FOR THE PROCESS OF APPLYING FOR A FINAL ORDER

This page has been written in a simple manner so you can get a basic overview of the court process. If you require more detail on a particular matter or section you will be given the links to take you there. 

STEP 1 – PLEASE MAKE SURE YOU HAVE FULFILLED THE LEGAL REQUIREMENT OF MEDIATION BEFORE YOU START COURT PROCEEDINGS FOR FINANCIAL SETTLEMENT 

It is the law in the UK that all individuals have to attend mediation (in person or online) to resolve the division of your marital assets, finances and pensions first before applying to the courts to resolve these matters.

You are exempt if you are a victim of domestic violence. 

You are also exempt if you are applying for a court order where mediation attendance is not required. An example of this is when you are asking the court to formalise/approve a draft consent order for a financial settlement agreed by both you and your ex-partner. 

Please read our help guide for form A where it will go into detail which sections of the form you need to complete is you have attended mediation and it has failed or you are exempt. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM A

LINK TO OUR L.I.P HELP GUIDE FOR MEDIATION

STEP 2 – REMEMBER EVERY FORM YOU WILL NEED THROUGHOUT YOUR FINANCIAL SETTLEMENT CASE IS AVAILABLE FOR FREE

The government provides all forms and leaflets involved in every part of the court process for division of your marital assets on its website for FREE. There will be a link to all these government forms whenever you read about them on this website.

STEP 3 – REMEMBER YOU ARE NOT ALONE – THERE IS HELP AVAILABLE FOR YOU TO COMPLETE YOUR FORM A  AND ANY OTHER ASSOCIATED FORMS.

  • The government have written guidance notes called ‘D190 – I want to apply for a financial order’. These notes will help you complete form A.

LINK TO GOVERNMENT GUIDANCE NOTES D190.  

  • This website contains a Help Guide for form A. Once you have read this page, you can click on the link below to access form A where it will go into detail how to complete it.

LINK TO OUR L.I.P HELP GUIDE FOR FORM A

  • Pages 14-15 of form A has general information how to complete form A.

STEP 4 – DOWNLOAD AND COMPLETE FORM A TO START COURT PROCEEDINGS

The first step in the process of sorting out the division of your marital assets, finances and pensions through the family court is to complete form A. Form A will start the court proceedings. Form A is officially known as the notice of (intention to proceed with) an application for a financial order. 

Only one of you (you or your ex-partner) can complete and submit form A. If you are doing this then from now on you will be known as the applicant or petitioner and your ex-partner will be known as the respondent in these proceedings.

As stated above this website has a Help Guide for form A. Once you have read this page, you can click on the link below to access form A where it will go into detail how to complete it and where to send it. The topics covered are  – 

  • What is form A used for?
  • Are there any government or our own L.I.P help guides or write ups to help you complete form A?
  • What is the fee to send form A to the court and how to pay for it?
  • How to complete form A and where to send it.
  • Where can you find form A/download this form?
  • When was form A first published and last updated?

LINK TO OUR L.I.P HELP GUIDE FOR FORM A

STEP 5 – SORT OUT PAYMENT FOR SUBMITTING YOUR FORM A

There is a fee to send form A to the family court. For details how to pay please go to our Help Guide for form A and read the section ‘What is the fee to send form A to the court and how to pay it?’. Please click on the link below to access form A.

LINK TO OUR L.I.P HELP GUIDE FOR FORM A

STEP 6 – REMEMBER HOW YOU AND YOUR EX-PARTNER WILL BE LEGALLY KNOWN FROM NOW ON IN COURT PROCEEDINGS

As stated in step 3 if you are the person who completes and submits form A you will be known as the applicant or petitioner.  Your ex-partner will be known as the respondent.

STEP 7 – YOUR EX-PARTNER WILL BE SENT A COURT STAMPED COPY OF YOUR FORM A 

The court will forward your ex-partner a court stamped copy of your form A.

STEP 8 – THE FINANCIALLY WEAKER EX-PARTNER CAN NOW APPLY FOR A MAINTENANCE PENDING SUIT DURING THESE FINANCIAL PROCEEDINGS

An application using form D11 can now be made to the court for a maintenance pending suit. This will allow the financially weaker ex-partner to meet short term financial expenses during these financial proceedings, especially if they have been financially dependent upon the other ex-partner. The financially stronger ex-partner will pay a regular monthly sum of money until the court case has ended, or until the court says otherwise. An application for a maintenance pending suit can be submitted to the family court to be dealt with under the section 25 of the Matrimonial Causes Act 1973.

LINK TO OUR L.I.P HELP GUIDE FOR FORM D11

LINK TO OUR L.I.P HELP GUIDE FOR MAINTENANCE PENDING SUIT

You can use form D11 to make other applications to the court during your court case.  

STEP 9 – THE FIRST DIRECTIONS APPOINTMENT HEARING CALLED THE FDA – APPROXIMATELY 30 MINUTES 

Upon receiving your form A the family court will contact you and your ex-partner by sending you a letter called form C. Form C is  the notice of first appointment hearing letter informing you of the date and time of the first court hearing called the first directions appointment (FDA). The FDA appointment hearing will be scheduled about 12-16 weeks after the submission of the initial form A application. 

The family court will also send you and your ex-partner form G. This is called the notice of response to the first appointment. Both you and your ex-partner must complete and return form G to the court, and a copy to each other, by a certain date determined by the court. Along with form G, the court will ask you and your ex-partner to send to them and your ex-partner a completed form E,  a chronology, a questionnaire, and statement of issues. All these documents will help the court to start the proceedings for financial settlement. 

  • Form G

LINK TO OUR L.I.P HELP GUIDE FOR FORM G 

  • Form E

LINK TO OUR L.I.P HELP GUIDE FOR FORM E 

  • Chronology

LINK TO OUR L.I.P HELP GUIDE FOR CHRONOLOGY

  • Questionnaire for the other party

LINK TO OUR L.I.P HELP GUIDE FOR QUESTIONNAIRE AND REQUEST FOR DOCUMENTS 

  • Statement of issues

LINK TO OUR L.I.P HELP GUIDE FOR STATEMENT OF ISSUES

By submitting these documents, you and your ex-partner are making full disclosure of your marital assets, finances, and pensions and explaining to the family court a history of your marriage, what has happened, what your issues are, and what you would like the other party to disclose to you and the family court. 

If all the documents are in place, all the disclosure is done, and both parties are ready to go forward, then the judge may say that they would like the discussions to start immediately and this first directions appointment hearing (FDA) can be changed to a financial dispute resolution appointment hearing(FDR), which is usually the next court hearing, to save time and costs. If this happens the judge will encourage you and your ex-partner to try and reach an agreement and if you do these decisions will be written up into a court order and court proceedings will end here.  

If all the documents are not in place and further disclosure is required, then the judge will set a date and time for the FDR appointment hearing (the next hearing) . The judge will also give directions written down in a court order to both you and your ex-partner to comply with before this next FDR appointment hearing. These directions will include submitting further documents or other actions and these have to be done by the date and time the judge sets. All paperwork the judge has asked for must be sent to the family court and to your ex-partner or their solicitor. 

STEP 10 – THE FINANCIAL DISPUTE RESOLUTION APPOINTMENT HEARING CALLED THE FDR  – ABOUT HALF A DAY

After the FDA appointment hearing, the next appointment hearing is called the FDR. Here, both parties will be given a chance to reach agreement. In most cases, an agreement is reached during or before an FDR appointment hearing. At an FDR appointment hearing, the judge will be more involved and give their views how matters would likely be resolved at a further hearing.  At the FDR it is the parties that reach an agreement, not the judge. If an agreement is reached, the family court will detail these agreements and decisions in a legally binding court order and all court proceedings will end here.

If no agreement is reached then court directions will be given to you and your ex-partner to prepare for the final hearing. These directions will be detailed in a court order. 

At this stage you and your ex-partner will be asked to produce a S25 statement and other documents specific to your case.

LINK TO OUR L.I.P HELP GUIDE FOR YOUR S25 STATEMENT EXPLAINED

STEP 11 – THE FINAL HEARING APPOINTMENT (SOMETIMES CALLED A TRIAL) – ABOUT 1-2 DAYS

A final hearing appointment is effectively a trial before a judge where they will consider all the evidence and make final decisions how the marital assets, finances and pensions are to be split. Detailed bundles will be required to be prepared and filed at the family court and sent between both parties.

LINK TO OUR L.I.P HELP GUIDE FOR HOW TO PREPARE A BUNDLE FOR COURT

THERE ARE 7 IMPORTANT POINTS YOU MUST KNOW 

  • POINT 1 – At any stage during the first directions appointment hearing (FDA), financial dispute resolution hearing (FDR), or final hearing, an agreement between you and your ex-partner can be reached. This agreement can be written into a draft consent agreement which the court will formalise/approve into a legally binding consent order/court order.
  • POINT 2 – If at any time during these court proceedings the court has asked you and your ex-partner to submit any witness or position statements, other documents or evidence by a specified date and time, you both must do so otherwise this is regarded as contempt of court. If you have a good reason why you cannot comply then you must explain this to the court at the next hearing. 

LINK TO OUR L.I.P HELP GUIDE FOR YOUR WITNESS STATEMENT EXPLAINED

LINK TO OUR L.I.P HELP GUIDE FOR YOUR POSITION STATEMENT EXPLAINED

  • POINT 3 – It is not obligatory to do so but you can if you wish take a position statement with you on the day if your hearing and ask the usher to give a copy to the judge and to your ex-partner or their solicitor. Your position statement will ensure important points are not missed during the hearing especially if the hearing is rushed. Please click on the link below to learn about position statements.
 
  • POINT 4 – You can if you wish submit a bundle (a bundle are all the documents involved in your divorce case in one place such as an A4 file) to the court before every hearing to help the judge. 
  • POINT 5 – When solicitors are involved in your court case, depending upon the case they usually submit a form H to the court before most hearings. Form H is the form where a party writes down costs occurred/estimate of future costs for a financial hearing. If you and your ex-partner are both litigants in person or one of you are, please ask the court if you need to do this. But please be aware of this form.

LINK TO OUR L.I.P HELP GUIDE FOR FORM H

  • POINT 6 – During your financial settlement case you may want to ask the court for directions to move your case along or want the court to make an interim court order that is relevant to your case. You may also want to ask for emergency court orders. Once your court case is finished you may want to vary/amend, enforce or do the court to do something if there has been a breach of the court order. To do this you will also need to make applications to the court. Please click the link below which will take you to the webpage detailing which form you will need for which application.

LINK TO OUR L.I.P HELP GUIDE FOR THE MAIN FORMS AND STATEMENTS YOU WILL NEED IN THE COURT PROCESS FOR DIVISION OF YOUR MARITAL ASSETS, FINANCES AND PENSIONS.

  • POINT 7 – DIRECTIONS HEARING – If you or your ex-partner submit an application to the court that cannot be dealt with on paper (without a court hearing) or the court needs to speak to both parties for whatever reason then the court will order a directions hearing to discuss these matters. At a directions hearing the judge will review the case and any applications made and give directions as to the next steps to progress the case forward. 

WHAT SHOULD YOU DO NOW?

  • Re-read this step by step account. Make notes if you need to or a diagram with arrows taking you through the process.
  • Read the rest of Help Guide 5 – Dividing Marital Assets, Finances, And Pensions – and familiarise yourself with which forms you will need for what reason, appealing, financial terms and court orders, McKenzie friends, maintenance and home rights.