Financial remedy

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What is a “financial remedy”?
Financial remedies are the court’s powers to deal with finances when a marriage or civil partnership ends. Orders can cover lump sums, property, pensions and maintenance. Judges must consider the Section 25 factors (your incomes/needs, housing, ages, contributions, standard of living, any disabilities, and—if relevant—the children’s needs).
 

If you’ve agreed how to divide money, property and pensions, we draft a Consent Order and lodge it with the court. A judge approves it if it looks fair. You normally apply after the Conditional Order (the court cannot approve it before that) and ideally before the Final Order. The order takes effect once the Final Order is made. 

Clean break? Where appropriate we ask the court to end future financial claims between you (a “clean break”) so neither of you can apply for more later. 

1. Disclosure: each side files Form E (your full financial statement) 35+ days before the first hearing.
    
2. First Directions Appointment (FDA): the judge checks what information is missing and sets any valuations, questionnaires and deadlines.
    
3. FDR (Financial Dispute Resolution) hearing: a without-prejudice settlement hearing where a judge gives an indication of likely outcomes; the FDR judge plays no further part if the case goes on. Many cases settle here.
    
4. Final Hearing: if needed, a different judge decides the outcome.
   
    

• Property adjustment – transfer or sale of a home or other property.
   
• Lump sum(s).
   
• Spousal maintenance (regular payments) and maintenance pending suit (short-term support while the case is ongoing).
   
• Pensions – most commonly pension sharing so each has their own pot for retirement.
   
• Legal services payment order – in some cases, the court can order a contribution towards the other party’s legal fees during the case.
   

Courts can make pension sharing orders (a % split of pension value). Getting a proper valuation (CETV) and, in more complex cases, actuarial advice is sensible so outcomes meet needs in retirement. 

Both sides must give full and frank financial disclosure. Hiding assets can lead to the court setting aside an order later (for example, the Supreme Court decisions in Sharland and Gohil). 

• Income orders (like spousal maintenance) can usually be varied up or down if circumstances change.
   
• Capital orders (like lump sums or property transfers) are usually final (narrow exceptions).
   

• Clear advice on what’s realistic under the law (Section 25 factors)
   
• Smart early disclosure and negotiation to aim for a Consent Order
   
• Robust case management for FDA/FDR where needed
   
• Pension-aware settlements (we work with independent pension experts)
   
• Transparent fees - call us for a quote.
   

What documents do we need for a Consent Order?
The draft order (we prepare this), both parties’ D81 financial summary, and a brief application (notice). The judge checks if the deal looks fair. 

When can we submit a Consent Order?
Any time during/after the divorce, but not before the Conditional Order. It usually makes sense to file it before the Final Order. It only takes effect after the Final Order. 

What happens at the FDR?
It’s a confidential settlement hearing. The judge gives an indication to help you agree; that judge won’t decide any later trial. Many cases settle at FDR. 

What if we need support with legal fees during the case?
In some situations, the court can make a legal services payment order requiring a contribution towards the other party’s legal fees. 

Do I have to try mediation first?
Courts expect you to consider mediation/MIAM before applying unless an exemption applies (for example, urgency or abuse).