For many separating couples, the financial side of divorce can be just as emotionally charged as the separation itself. While most financial disputes settle before reaching court, some cases do proceed to a final hearing – the last and most formal stage in financial remedy proceedings.
As a solicitor, I often find that clients are anxious about what to expect. So here’s a detailed look at what actually happens at a final hearing, and how best to prepare.
The road to the final hearing
Before a case reaches this point, it will usually have passed through two earlier court hearings:
- First Directions Appointment (FDA)
This is a procedural hearing where the court sets a timetable for the case and identifies what further information is needed—such as property valuations, pension reports, or responses to questionnaires.
- Financial Dispute Resolution (FDR) Hearing
This is a without-prejudice hearing where the judge gives an informal indication of what a fair settlement might look like. The aim is to encourage negotiation and avoid the need for a final hearing.
If no agreement is reached at the FDR, the case moves forward to a final hearing.
What happens at the final hearing?
The final hearing is a formal trial, usually held in person at the Family Court. It typically lasts between one and three days, depending on the complexity of the case.
Here’s what to expect:
- Opening submissions
Each party’s barrister (or solicitor advocate) will make brief opening remarks, summarising their client’s position and what they are asking the court to order.
- Evidence in chief
Each party confirms their written evidence under oath or affirmation. This includes their Form E, replies to questionnaires, and Section 25 statement.
- Cross-examination
This is often the most challenging part. Each party is questioned by the other’s legal representative. The aim is to test the credibility of the evidence and highlight any inconsistencies or omissions.
Topics may include:
- Income and earning capacity
- Housing needs
- Standard of living during the marriage
- Contributions (financial and non-financial)
- Future financial needs (especially where children are involved)
- Expert evidence
If there are disputes over property valuations, business interests, or pensions, expert witnesses (e.g. surveyors, accountants, actuaries) may be called to give evidence and be cross-examined.
- Closing submissions
Each side summarises their case, referring to the evidence and relevant legal principles. This is the final opportunity to persuade the judge.
- Judgement
The judge may give an oral judgement at the end of the hearing or reserve it to a later date. The judgement will explain the reasoning behind the decision and set out the financial orders to be made.
Final hearings are a last resort
Final hearings are expensive, time-consuming, and emotionally draining. That’s why the court – and most solicitors – encourage settlement at every stage. However, where one party is being obstructive, dishonest, or simply unwilling to negotiate, a final hearing may be the only way to achieve a fair outcome.
Final thoughts
If you’re approaching a final hearing, preparation is everything. Work closely with your legal team, be honest in your disclosure, and stay focused on the bigger picture. The court’s aim is not to punish either party, but to reach a fair and reasonable outcome based on the facts.
How can we help?
Naomi Bond is a Senior Associate in our expert Family Law Team.
If you need advice on any divorce-related matter or have any other family law-related queries, please contact Naomi or another member of the team in Derby, Nottingham, or Leicester on 0800 024 1976 or via our online form.
Naomi or the team will be happy to discuss your circumstances in more detail and give you more information about the services that our Family Law team can provide, along with details of our hourly rates and fixed fee services.
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