Bad behaviour & divorce — does an affair affect the financial settlement?

We explore how adultery and other forms of misconduct fit into the current divorce framework and when behaviour affects the financial settlement.
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A Form G is technically called a Notice of Response to First Appointment. It is a document that is used in Financial Remedy proceedings during a divorce or dissolution of a civil partnership.
When one party issues a Financial Remedy application at Court (using a Form A), the Court lists a First Appointment and sets down a timetable for the exchange of financial information and the preparation of mandatory documents. This is done in a document called a Form C or Notice of First Appointment.
One of the mandatory documents that must be prepared in line with a Form C is a Form G (Notice of Response to First Appointment). This is used by the parties to inform the Court how they want to use the First Appointment.
If there is outstanding information (e.g. if full financial disclosure has not been made or questionnaires have not been answered) or valuation issues (e.g. relating to property or business) or if a pension report is required, the First Appointment can only be used as a directions hearing. This allows the Court to further timetable the case so that the outstanding issues can be resolved to allow the parties to move to the negotiation stage.
If there is no outstanding information or issues regarding valuations and the parties are in a position to move to the negotiation stage, they can dispense with a directions appointment and use the First Appointment as a FDR (Financial Dispute Resolution) hearing. This is a longer hearing during which the parties can negotiate with the assistance of the Court having each made proposals to settle in advance.
The Form G must be lodged 14 days before the First Appointment and it is used by each party to indicate to the Court whether or not they are in a position to use the First Appointment as the FDR (Financial Dispute Resolution) hearing and their reasons why.
If you're looking for advice on Financial Remedy proceedings or any other aspect of a divorce or dissolution of a civil partnership, get in touch with our award-winning family law team today. Call us on 0333 004 4488, send an email to family@brabners.com or complete our contact form below.
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