I was taken aback when an alarmed client told me she had no idea that a final hearing meant that she would have to give evidence and be cross-examined. ‘Final hearing’ sounds so innocent, she said. Now I come to think about it I realise it’s part of the legal jargon we lawyers take for granted and it’s quite logical that after having had several hearings calling the next one ‘final’ could just mean it’s the last one.

Another client told me he thought fact finding hearings were the only time you had to give evidence. But he did think that the final one would be the one where the judge made a final decision. Which is correct, but a court should only make a decision after considering the evidence and submissions of the parties. That doesn’t always happen along the way, though it used to and still should –if only the courts had enough time.

A final hearing is only ordered when all the previous hearings have failed to result in an agreement between the parties. In children proceedings if a section 7 welfare report has been ordered, there will be a DRA – dispute resolution appointment – listed afterwards. It is hoped that, having seen what Cafcass has to say, the parties will reach an agreement at that hearing. If they do, the court will make a final order in the terms they’ve agreed and that will then be their final hearing.

Similarly in financial remedy proceedings, it is hoped that the parties will reach agreement at, or shortly after, the FDR – financial dispute resolution – hearing, having heard what the judge thinks about their case. If they do, the final order will be drafted and submitted to the court and that’s the end of the proceedings.

Family Law Act proceedings for non-molestation or occupation orders are listed for a short initial hearing where the parties can agree on how to settle the matter, often by way of undertakings.
In all cases, if there is no agreement the court will list the matter for a final hearing. You can see the difference if you look at your court order, or the notice of hearing sent out later, as the time estimate will be a lot longer. If it’s an hour or less then it’s an interim hearing and won’t be final unless the parties reach an agreement. If it’s between two hours and two or more days then it will be a contested hearing which will usually be a final hearing, or a fact finding hearing. Both parties will give evidence (unless the court has restricted that) and be cross-examined. Cafcass will usually give evidence in children proceedings and you will have the opportunity to cross-examine them and any other witnesses who may have been allowed.

It is a generalisation but in financial proceedings most ‘normal’ people do settle at or after the FDR, whereas most narcissistic people do not settle as that’s not the object of the exercise for them. They will thrive on the drama of their ‘day in court’ and the control they can continue to exert over their ex. A final hearing can be very stressful for the party who does want to settle as all control is taken out of their hands and the judge will make a decision, often depending on how well they give their evidence and respond to cross-examination. And whatever the judge decides, they have to live with, usually for the rest of their life.

A final hearing in children proceedings is likely to be even more stressful and emotional for the protective parent. However, it is not so final as children matters are never closed – at least, not until the child is 16 – so either parent can always apply to vary the order.

If your proceedings started after July 2022 the Domestic Abuse Act says you can’t cross-examine or be cross-examined by your abusive ex. If you or they are not represented the court will appoint a QLR – qualified legal representative – to do the cross-examination. At least they will if they can find one. It may not be a problem in London but elsewhere not enough barristers have volunteered for this badly paid half-job. They simply parachute in to do the cross-examination but do not participate in the rest of the case, so it’s not a very satisfying or appealing task for many barristers. If a QLR can’t be found then you will have to write out your questions for your ex beforehand and give them to the judge who will ask them on your behalf.

You will find more information about the different types of hearing and how to give your evidence in my book. I was delighted to receive this photo of a well-read copy which is being used exactly as I intended.