What if I want to defend the application against me.

If you decide that the amount being applied for is too much, or you want to defend the application itself, you may decide to dispute it in court.

Will the case go straight to court?

If you decide to dispute the application in court, the matter will be set down for a 10 minute directions hearing. In this hearing the Deemster will request any documentation he wishes either party to submit. This will usually include asking you to file an affidavit of means to prove your income and outgoings.

Disclosure of documents.

If the matter proceeds to a full hearing, the Deemster may then order full disclosure. Here you and the applicant will be required to submit details of what was recorded in your affidavits of means. This may include bank statements, wage slips, mortgage repayment forms, educational bills and any other monthly outgoings from both parties.

The Deemster may also order that any new spouse/co-habitants of either party be required to submit evidence of their contributions to the household and upbringing costs of the children.

What if I do not want to disclose all my financial documents?

If the Deemster orders full disclosure, you must disclose all of your documents with regards to your financial situation and dealings. If you refuse to disclose the Deemster may make an order in the absence of these documents to your disadvantage, and you could be held in contempt of court for refusing to obey a court order.

What happens if I do not attend court?

If you do not turn up to court for a hearing, the Deemster may proceed to make an order in your absence.

What will the Deemster do?

After hearing all the evidence the Deemster will make an order. This could be any, or a combination of, the following;

• a periodical payments order (usually monthly payments of a fixed amount);
• a lump sum order (a one-off payment);
• a transfer of property order; and/or
• a maintenance pending suit (for maintenance while the proceedings are still ongoing).