What if I want to defend the application?
What will the judge do? | What documents will I need? | What is 'disclosure'? | What happens when it goes to court?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 defend the application, the matter will be set down for a 15 minute directions hearing.
What will the judge do?
In this directions hearing, the High Bailiff will decide a timetable for the case, as well as instructing both parties as to the documents he wants filing. He will not make a decision yet.
What documents will I have to give the court and respondent?
You will have to supply 2 copies of Form FPC 3 - Statement Of Means (Word doc) (PDF), and a copy of your answer from the application served on you by the applicant. This will include your outgoings such as bills, mortgages, rent, living expenses, travel expenses, school expenses and any other expenses. If you are living with a new partner or spouse, you will have to supply information about their finances as well. If you are disputing the amount being applied for, you will have to prove that you cannot afford it with your other outgoings.
What is 'disclosure'?
Disclosure is where you submit all your documentation to the applicant. You cannot withhold any information from them or the court.
What happens when it goes to court?
When the application goes to court you will be required to go to court to hear the High Bailiff’s decision. For more information about attending the Financial Provision Court click here.