The Trial

This is the third of the three hearings and if you have got this far, it is a great shame.  That is because by that point costs, and stress, can go up sharply.

A trial which is the hearing to determine the financial split, can last anything from two hours to two weeks depending on the complexity of the matter.  In a typical case where the assets involve a house a pension, a car and 2.4 children etc, a one or two day hearing would be typical.

Including preparation and a good barrister the costs of that typical hearing can exceed £5,000, so it is a big incentive to settle out of court beforehand on both parties.

Unlike the earlier two hearings (the first appointment and financial dispute resolution hearing) it is most unwise to attend the final hearing without a lawyer.

The preparation is important including the bundles and complying with the Practice Directions.  Everything hinges on the paginated bundles in lever arch files.  Housekeeping is boring but very important, because then you can turn to the right document just as quickly as the other side and the judge.

A party goes in the witness box and his lawyer says “Would you look at bundle B page 91-93.  Is that a witness statement made by you?  Is it true’ Answer “Yes”.

And that is it.  Apart from the odd updating item, that is the end of the “Evidence in chief” which is your turn to put across your case.

Then the cross examination by the other spouse’s lawyer takes place followed by some questions from the judge.

That is why the preparation of the written witness statement is extremely important and expert advice should be sought at an early stage.

Normally each party pays their own legal costs and therefore nobody “wins” generally, except of course the lawyers. !

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