How Do Case Progression Hearing In Family Law Works

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donegalman2019

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I am now legally separated some time and wish to progress to a divorce. I am hoping+++ that I can get a divorce by consent but am mindful that this may be very wishful thinking as relations are poor unfortunately & the other party is combative by nature/ mediation has always gone nowhere. I just have a few questions around case progression hearings that I have not previously encountered. The issues in any case progression hearing would be around what the parties income and expenditure are full stop , all other issues around pensions, house, access were previously sorted- ie its likely to be around relatively narrow issues principally maintenance. The last time out things were extremely costly and expensive.

I am able to speak as to what my income & expenditure is / explain my own affidavitt of means in detail. At the previous legal separation, the other parties affidavit of means was both incomplete and inaccurate, but this never got challenged as it (eventually) did not end up in a contested case. I expect this to happen again with their affidavit of means.

(1) Are people normally represented by solicitors and / or barristers, is this advisable in the above scenario?
(2) Do they operate when the circuit family courts are closed ? (eg August / September) ?
(3) Are they at a very set time or is it turn up at 9.30 am and you might get heard at 4.30 pm hence a full day of a barrister and solicitor / just 1-2 hours of barrister / solicitor?

Thank You In Advance for any assistance in this v stressful matter.
 
I'm a bit confused by your post.

Do you have a Judicial Separation in place?

How long have you been living apart?

There's no concept of 'divorce by consent' in this country, as long as you have been living apart for 4 of the last 5 years, you are entitled to a divorce, it cannot be denied you.
 
Sorry Thirsty, yes not well explained. I have a judicial separation in place 4 years ago. I would like to have an uncontested divorce. However, I expect that it will be contested and a maintenance adjustment will be looked for. I expect it to end up in case progression with possibly 2 hearings. I am trying to understand the case progression process and costs involved.
 
The divorce itself can't be contested provided you meet the requirements.

It can however be an opportunity to revisit settlement terms.

Anecdotally (and I stress I don't have detailed research here) the terms of a post-'96 JS tend to stand, unless the Judge feels there has been a significant change in the circumstances of either party or there was not full disclosure at the time of the JS.

The only additional benefit a divorce gives is the right to re-marry; if you think its going to be difficult and expensive, why bother?
 
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