Final hearing ============= If your case is "fully contested" and cannot be settled, it may well proceed to a final hearing (although most cases settle at or after the FDR). At a final hearing, the court listens to the evidence of both parties and decides which assets are [matrimonial](https://vardags.com/law-guide/assets-in-divorce/what-is-the-difference-between-marital-and-non-marital-assets) and [how they should be divided](https://vardags.com/law-guide/assets-in-divorce). Final hearings generally take place at court over several days (some over several weeks). Both parties will give evidence and be cross-examined, and experts may also be called to provide evidence. At the end of the trial, the judge will make a judgment and set out an order detailing the financial arrangements for the parties. **If you're considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.** [REQUEST A DISCREET FOLLOW-UP](https://vardags.com/contact "REQUEST A DISCREET FOLLOW-UP") Negotiations and open offers including provision for children ------------------------------------------------------------- You and your spouse can keep negotiating until the very end of the final hearing. Quite often, offers will be made "at the court door" - *i.e.* just before the hearing begins. There are two types of offers, without prejudice and open. Without prejudice offers are never usually seen by the court (other than at the FDR). Open offers, on the other hand, are seen by the judge before they reach a decision on your case. This means that the offer may affect the judge's determination of a fair settlement. In certain circumstances, if you do better than what you openly agreed to settle for, the other side might be required to pay your costs. Normally, you will be required by the court to make an open offer a few weeks before your final hearing. This will be a detailed proposal for settling your whole case, including ongoing child maintenance. Depending on the circumstances of your case, coming to an agreement about child maintenance might be the only way to avoid involving the Child Maintenance Service. Section 25 statement -------------------- At the final hearing, you may also be asked to write a statement setting out your case. This is often referred to as a 'section 25 statement'. Your section 25 statement is the most important witness statement which you will prepare during your financial proceedings on divorce. In this statement, you will set out your evidence in relation to the factors which the court will have particular regard to when making an award. These factors, contained in section 25 of the Matrimonial Causes Act 1973, are: *(a) the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;* *(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;* *(c) the standard of living enjoyed by the family before the breakdown of the marriage;* *(d) the age of each party to the marriage and the duration of the marriage;* *(e) any physical or mental disability of either of the parties to the marriage;* *(f) the contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;* *(g) the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;* *(h) in the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.* In family proceedings, you will generally not give evidence in court, athough you might be cross-examined by the other side. Therefore, the section 25 statement is your main opportunity to put forward your side of the case. The judge will consider the evidence in this statement when assessing what assets are available for distribution and what portion of them you should get. Generally, these are produced a few weeks before the trial. This will give you the opportunity to examine the evidence your spouse puts forward and build up your case against it. **If you have an upcoming final hearing, having the right legal team can make all the difference to the outcome. Contact Vardags today for a free initial consultation with one of our expert divorce solicitors.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") Related Guides -------------- [Financial Dispute Resolution (FDR)](https://vardags.com/law-guide/financial-proceedings/financial-dispute-resolution "Financial Dispute Resolution (FDR)") [First Directions Appointment (FDA)](https://vardags.com/law-guide/financial-proceedings/first-directions-appointment "First Directions Appointment (FDA)") [Private Financial Dispute Resolutions (private FDRs)](https://vardags.com/law-guide/financial-proceedings/guide-to-private-financial-dispute-resolutions "Private Financial Dispute Resolutions (private FDRs)") [Special Measures in the Family Court](https://vardags.com/law-guide/financial-proceedings/special-measures-for-vulnerable-parties-in-financial-remedy-proceedings "Special Measures in the Family Court") [What to expect at your First Directions Appointment (FDA)](https://vardags.com/law-guide/financial-proceedings/what-to-expect-at-your-first-directions-appointment-fda "What to expect at your First Directions Appointment (FDA)") Glossary Reference ------------------ ### Barrister A type of lawyer, generally instructed for their advocacy in court hearings or advice on specific points of law. ### Child Maintenance Money paid by one parent to the other for the benefit of the child, by way of periodical payments. ### Child Maintenance Service A government body set up to calculate and manage child maintenance claims. ### Matrimonial Causes Act 1973 (MCA) The main piece of law which governs divorce in England and Wales. ### Section 25 statement Statement made in financial proceedings before the final hearing, setting out each parties' case in relation to the section 25 factors. The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. What our clients say -------------------- What should have been the worst year of my life was resurrected by this firm. The Manchester based team of Anne-Marie Bradley and Kate Taylor were exceptional. They treat you as a human being rather than a client. I can't thank... them enough for all their expertise, choice of barrister and expert witness. If I am ever unlucky enough to repeat this horrible episode, they will be my first port of call. Can't recommend these two enough. Mark Gallagher They have definitely lived up to their name of being a top divorce and family law firm. S. Gasparini Vardags aren't cheap, but they are worth it. Steve I would highly recommend AnneMarie Bradley. I found myself in a very difficult position during my divorce. her understanding of the position and making me see this from a different point of view helped me defend my position.... along with a defence it placed me in a driving position and saved me a lot of money. The end result was justice and I will be forever grateful. Dale Heathcote Very comprehensive service with excellent in house expertise. They helped me achieve an outcome that was beyond my expectations. Paul Stringer When choosing a Solicitor it was a very nervous and challenging time in my life however with Amie I hit the JACKPOT!! her work ethic and her keen eye for detail is second to none, the hours she must put in is unbelievable and her... knowledge about the law and how she really gets to know you and your case and what is needed is amazing. Matt Ballard OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President ](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)