What's at the top of your client's wish list?

Unless they are fabulously wealthy, separating parties
will not have much money
to spare. So, advocates and
the court are duty-bound
to explore and, if possible, achieve a fair outcome at the earliest possible opportunity.

Getting the paperwork in order before the first hearing is vital. The late exchange of form E risks an adjournment and an application for wasted costs. Remember, even if you cannot fully complete the information, it can still be served and further details added later.

Will you need any expert evidence, including valuations? These days, such evidence is restricted to what is necessary to assist the court in resolving the proceedings, and in financial remedy proceedings, an application must be
made no later than at
the first appointment.

Therefore, contact the proposed expert and find out the probable timescale and
cost so that this information
can be passed on to the court
at the first hearing.

Short statement

The first appointment
must be conducted with
the objective of defining the issues and saving costs, which
is sometimes forgotten or overlooked. Expect the court, even before picking up the questionnaires, to identify
those issues.

Make sure that your concise statement of issues is just that: short. Usually, there will be only two or three real issues for the court to resolve. Then focus your questions on those issues.

Resist the client who persists in pursuing irrelevant matters. They are paying for advice, so give it to them. Otherwise, the questions will just be struck out by the court wasting a lot of time and money.

Party’s position

One document required
to be filed before a first directions appointment (FDA)
is a notice stating whether that party will be in a position to proceed to an financial dispute resolution (FDR) appointment.

Always be prepared for the judge to adopt that view, even when the parties disagree.
This is probable where there
are few assets available for distribution. Or the judge
may want to express a view depending on which way a particular issue is likely to
be resolved.

In my experience, there
are two common stumbling blocks to the court proceeding with an FDR at the FDA, even when it is appropriate to do so. Often, the really crucial section 25 factor will be the housing needs of the parties and,
of course, any children.

And there is always something missing at that first appointment. (Indeed, parties are surprised even when I mention it.) Please ensure you always come to
FDAs equipped with housing particulars of suitable (and realistically priced) properties, and evidence of the mortgage capacity of your client.

It is not enough to simply state that the husband or wife cannot raise a mortgage. Produce something in writing. With that information, there
is a real prospect that, on examination, the figures
stack up and some solution
can be found.

Wish list

The other thing is to get your client to think about what they really want and discuss it with them before the first hearing. That’s not to say they should be encouraged to adopt a fixed position, but rather, as I often ask the parties, to establish what is the top of their ‘wish list’. It never ceases to amaze me how often this question takes them by surprise.

When they think about it, the occasions when the respective wish lists marry up are actually a large proportion. A typical, and frequently occurring, example
is the husband who wants to retain his pension and the wife who would like a bigger share
of the property. Aim to settle
at the first hearing. SJ

District Judge Julie Exton is senior vice-president of the Association of her Majesty's District Judges