Divorce and separation – court process

A separating couple are on relatively good terms and have agreed the shared care arrangements for the children. The husband has always been very secretive about his business interests and is keen to conclude a financial settlement as soon as possible.

As the wife’s solicitors we would advise that, whatever process they elect, they will first need to provide financial disclosure. It will be essential that the wife has a proper understanding of the husband’s business before she starts to negotiate a settlement. We suggest that it would be sensible to make an application to the court, and for the disclosure process to be dealt with in court proceedings. This has the advantage that the court will set a binding timetable and can make orders compelling the husband to disclose information.

If the disclosure process goes well and the husband is cooperative in providing information, they will then be in a position to select the negotiation process that is most likely to bring about settlement. After discussing the various options with their solicitors, they select a private FDR as being the most appropriate. The wife is worried that the husband will talk over her in mediation, and believes that he will be more receptive to hearing an indication from an experienced judge. She is reassured that if the private FDR is unsuccessful, they can return to court and a judge can determine the issue, before too much time and money is wasted.