Crisp and Co. Banner Image

Divorce and Finance

  • Home
  • Our Services
  • Divorce and Finance
  • Financial Remedy Orders and Proceedings
More Divorce and Finance services

Financial Remedy Orders and Proceedings

Securing your financial future after separation couldn’t be easier with the support of our specialist divorce solicitors.

Divorce and civil partnership dissolution can be stressful for every member of the family. Working out your finances and untangling the threads of your combined lives after so many years together can feel impossible.

It is very common for disagreements to arise over finances, even between partners who are on good terms with each other.

Having a supportive lawyer on your side is the key to sorting out financial matters without unnecessary stress or expense.

A Financial Remedy Order (also known as an Ancillary Relief Order) can help you if you’re finding it hard to come to a joint agreement about finances with your ex-partner.

It is a type of court order you can apply for to ask a family judge to make a decision about finances on your behalf.

From what should happen to the family home, to how pensions should be split, to whether there should be any ongoing spousal maintenance, a Financial Remedy Order can cover it all. The judge is also legally required to ensure the Order is fair to you, allowing you to move forwards with your life in complete financial security.

 

Get in touch to set up your initial consultation

Give us a call to arrange a consultation today. We have a number of locations across London, Bristol, and Bath where we can assist you. Alternatively, please feel free to fill in our online enquiry form and a member of our team will be in touch shortly.

Our Financial Remedy proceedings expertise

Sorting out your finances after divorce or dissolution will likely be a very difficult time for you. You will probably have many questions about the process and concerns over securing a fair outcome.

We are here to address all your worries and help you find the solution you need to move on. We can provide advice about seeking Financial Remedy Orders as well as representing you during the application process and providing emotional support if things feel overwhelming.

Our team are Law Society Family Law Advanced accredited for our recognised expertise and strong track record of success handling complex family law matters, such as those involving high value finances.

We are also experienced in niche areas, such as advising High Net Worth individuals and international family law.

Financial Remedy Orders FAQs

What is a Financial Remedy Order?

A Financial Remedy Order is a type of court order divorcing couples can get if they are unable to resolve financial matters during out-of-court negotiations or through alternative dispute resolution (such as mediation or collaborative law).

Also known as an Ancillary Relief Order, a Financial Remedy Order can cover all types of financial matters upon divorce, including:

  • Pension arrangements
  • Property ownership matters
  • Lump sum payments and maintenance
  • Regular payments to help with living costs and childcare

How to apply for a Financial Remedy Order?

The process of applying for a Financial Remedy Order is different to the main divorce proceedings - i.e. you file your divorce petition separately.

The basic process works as follows:

  • You must complete and file a Form A (notice of [intention to proceed with] an application for a financial order).
  • The court will set a First Appointment. You and your former partner then need to complete a financial statement called Form E.
  • Usually, the First Appointment will concern directions for dealing with the case moving forwards. However, negotiations may also take place - it is never too late to come to a voluntary agreement about finances.
  • If agreement is not reached at the First Appointment, the judge will set a Financial Dispute Resolution Hearing (FDR Hearing). At this hearing, the judge may say what they think would be a reasonable financial settlement and further negotiations will proceed. If you are able to come to an agreement during this hearing, the judge will approve it and a Consent Order can be made.
  • If agreement is not reached at the FDR Hearing, the judge will set a Final Hearing. At this hearing, the judge will make a final decision about how finances should be arranged and will make a Financial Remedy Order.

How long does it take to get a Financial Remedy Order?

Because the court is involved and it requires several hearings, it can take a long time to get a Financial Remedy Order - often around 6-12 months.

The court should schedule the First Appointment within 12 to 16 weeks after the application is made. You and your former partner should exchange and file your Form E’s no later than 5 weeks before the First Appointment.

How does the court make its decision in financial remedy proceedings?

The aim is to achieve a fair resolution for your family and will always put the welfare of any children first.

The court will initially consider whether a ‘clean break’ is possible where finances are divided completely with no ongoing financial ties between you and your former partner (other than child maintenance, if necessary).

Financial divisions will not necessarily be 50-50. The court takes into account a number of factors, such as:

  • The income and financial resources of the parties, including property and future earnings.
  • The parties’ financial needs, responsibilities and obligations, now and in the future.
  • The standard of living the parties enjoyed before the separation.
  • The parties’ ages and how long they have been married.
  • Any mental or physical disabilities.
  • Any contributions the parties made or will make to the family, including homemaking and raising the children.

Can a Financial Remedy Order be changed?

Yes, although in practice it may not be easy to do.

You can appeal against a Divorce Financial Order if you think the judge made a mistake of law (so long as the judge gives you permission to appeal). You can also ask for a Financial Order to be changed or set aside if there was some other issue (for example, your former partner was not honest on their financial statements and hid wealth from you and the court).

You and your former partner may want to ask the court to change the Order if your circumstances have changed. For example, the court could change the amount of spousal maintenance or make an order to sell a property.

In all circumstances, it is important to seek specialist legal advice.

Is a Financial Remedy Order the same as a Consent Order?

Both Financial Remedy Orders and Consent Orders can create legally binding agreements about financial arrangements after divorce.

The difference is that a Consent Order is agreed between you and your former partner, either out-of-court or with the court’s assistance. It will be approved by the court but not made by the court itself.

A Financial Remedy Order is made by the court if you and your former partner cannot come to an agreement.

Get in touch for expert advice about financial remedy proceedings

Give us a call to arrange a consultation today. We have a number of locations across London, Bristol, and Bath where we can assist you. Alternatively, please feel free to fill in our online enquiry form and a member of our team will be in touch shortly.