How Long Will My Family Law Matter Take To Resolve?
How Long Will My Family Law Matter Take To Resolve?
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Tony Roe, Family Law Partner, recently attended a meeting at Reading County Court when the timescale for the resolution of family law matters in the Thames Valley was revealed.
Financial Remedy Matters
Most financial remedy matters are resolved by agreement at one stage or another. Any agreement is ‘translated’ into a draft consent order and that has to be completed by both parties and signed by them. It is accompanied by a statement of means form, a D81, and both documents are uploaded by us as your solicitors onto the Court portal. Most recent figures suggest that there is a 10-working day turn around period before the judge has the opportunity to consider exercising their discretion as to the approval sought by the parties.
Where the financial remedy application is contested, it is begun by a Form A and, typically, conclusion of the matter would not be achieved for a period of some 12 months.
Upon the issue of the Form A, the Court would typically list the matter for an initial hearing, the First Directions Appointment (FDA) or First Appointment, which would take place some 12-16 weeks from the issue of the Form A. The timescale for the second hearing, the Financial Dispute Resolution Appointment (FDR), is some 4-5 months after the FDA. Should the matter proceed to the final, fully contested hearing, then the likelihood is, depending on the length of the hearing, that it would take place some 4-6 months after the FDR.
Children Act Matters
At the outset of an application for a Children Act order, for example if child arrangements are to be resolved, a safeguarding letter is typically prepared by CAFCASS (Children and Family Court Advisory and Support Service). It seems that due to staffing difficulties on the part of CAFCASS, it is taking them some 7 weeks to prepare the safeguarding letter when it should be a matter of days. Moreover, where a report is ordered under s7 of the Children Act 1989, this is taking CAFCASS some 18 weeks plus.
How can I avoid delays?
Individuals going through divorce can understandably feel that their life is on hold until resolution of matters. It is with that in mind, that this firm seeks to use non-court dispute resolution methods (NCDR) instead of matters being dragged out through the court procedure. Indeed, Tony Roe is a family law arbitrator in financial remedies, has practiced as a collaborative lawyer and, has also trained as a mediator.
Key contacts at Dexter Montague for further advice and assistance on divorce and family law issues are Stephanie Alderwick and Tony Roe:
stephanie.alderwick@dextermontague.co.uk
Telephone number: 0118 9393 999
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
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