Financial Remedy Order Solicitors
If you cannot agree how finances should be dealt with after divorce or the end of a civil partnership, you may need to apply for a financial remedy order. NLS can help you understand the issues, consider the available options and prepare for the next steps. Please note that we do not offer legal aid for private divorce and financial matters.
When agreement is out of reach, understand the options available to you.
Shabana Sultana
Financial remedy order advice from NLS
A financial remedy order is a court order about financial arrangements following divorce or the end of a civil partnership. It can deal with assets such as property, pensions, savings and investments. It can also address maintenance payments.
NLS provides clear advice, careful representation and practical support. NLS can help you identify the financial issues that need to be resolved, understand the court process and consider whether an agreement may still be possible.
When might a financial remedy order be needed?
A financial remedy order may be relevant when separating spouses or civil partners cannot agree how to deal with their finances. The issues may include the family home, other property, income, savings, investments, pensions, debts, maintenance or business interests.
Every case is different. In some situations, there may be a clear disagreement about one asset or arrangement. In others, it may be necessary to consider the full financial picture before meaningful discussions can take place.
If an agreement cannot be reached, an application to the court may be an option. GOV.UK refers to this as the contested route, where the court is asked to make a financial order.
What can a financial remedy order cover?
A financial remedy order can deal with a range of financial matters. Depending on the circumstances, these may include:
- The family home and other property
- Savings and investments
- Pensions
- Income and maintenance
- Debts and financial liabilities
- Business interests or company shares
- Financial provision for children in certain circumstances
The court can make orders about the property, capital and income of both people, as well as making provision relating to children where appropriate.
Financial disclosure and understanding the finances
Before finances can be considered properly, it is important to have accurate information about each person’s financial position. This is commonly known as financial disclosure.
Financial disclosure may include information about income, property, bank accounts, savings, investments, pensions, debts and other assets. Where a financial remedy case is contested, Form E is used to provide detailed financial information to the court and the other person.
This process can be particularly important where finances are more complex. For example, there may be several properties, a business, pension provision, investments, trusts or assets held outside the UK.
Applying for a financial remedy order
An application for a financial order is normally made using Form A. Before applying to court, a person will usually need to attend a meeting about mediation, unless an exemption applies. This meeting is intended to provide information about mediation and other ways of resolving financial issues without asking a judge to decide the outcome.
What happens after an application is made?
An application for a financial order is normally made using Form A. GOV.UK states that Form A can be used to start an application in divorce or civil partnership proceedings.
Before applying to court, a person will usually need to attend a meeting about mediation, unless an exemption applies. This meeting is intended to provide information about mediation and other ways of resolving financial issues without asking a judge to decide the outcome.
Reaching an agreement during the process
Starting a financial remedy application does not necessarily mean that a final hearing will be needed. Some people are able to reach an agreement after financial information has been exchanged and the issues are clearer.
Where an agreement is reached, it may be possible to ask the court to approve a consent order. A consent order records the agreed financial arrangements and, once approved by the court, becomes legally binding. Form D81 is used to provide information about the parties’ financial circumstances in support of a consent order application.
Whether a consent order is appropriate will depend on the circumstances and the terms agreed.
Complex financial circumstances
A financial remedy order may be needed in cases involving substantial or complex assets. This may include business interests, multiple properties, pensions, investments, trusts or assets held in another country.
It is important to understand how assets are owned, their value, any associated liabilities and the role they may play in the wider financial arrangements. Future income, housing needs and arrangements for children may also need careful consideration.
For further information about complex finances following separation, see our high net worth divorce page.
Shabana Sultana - Head of Private Family Law
Shabana has spent more than 26 years working solely in family law and can conduct with confidence all private family cases of every description. She specialises in financial matters following divorce and private Children’s matters with a focus on international child relocation cases are the heart of her practice. She is a natural problem solver always thinking creatively and outside the box to achieve successful outcomes for her clients. Her clients praise her for being a master negotiating who is never phased by the noise of her opponents, and this has meant she can boast a strong record of achieving out of court settlements.
Shabana works alongside an impressive team of carefully selected experts who lead with discretion and expertise including accountants, auditors, from pension actuaries to surveyors and private investigators. Twenty-six years in practice have given her a strong network of family law barristers who time after time deliver the results her clients want.
How NLS can help with financial remedy orders
The NLS Private Law department can help you to:
- Understand the financial issues that may need to be addressed
- Consider whether a financial remedy application may be appropriate
- Prepare for financial disclosure and discussions about settlement
- Understand the stages of the court process
- Consider the next steps if agreement cannot be reached
The appropriate approach will depend on your finances, family circumstances and the issues that need to be resolved.
Book Your Free No Obligation Call
Contact NLS to discuss your circumstances. Evening and weekend appointments available.
Financial Remedy Order FAQs
- What is a financial remedy order?
A financial remedy order is a court order that deals with financial arrangements following divorce or the end of a civil partnership. It can address matters including property, pensions, savings, investments and maintenance.
- Do I need a financial remedy order if we agree?
Not always. If you reach an agreement, you may be able to ask the court to approve a consent order. Once approved, a consent order is legally binding. Whether this is appropriate will depend on the circumstances.
- How do I apply for a financial remedy order?
An application is normally made using Form A. GOV.UK states that this form is used to start an application for a financial order in divorce or civil partnership proceedings.
- Do I need to attend mediation before applying to court?
You will usually need to attend a meeting about mediation before applying for a financial order, unless an exemption applies. Examples can include cases involving domestic abuse.
- What financial information will I need to provide?
The information required depends on the circumstances. It may include details of property, income, savings, investments, pensions, debts and other financial interests. In contested proceedings, Form E is used to provide detailed financial information.
- What happens if we cannot agree?
If agreement cannot be reached, the court process may include a first appointment, a financial dispute resolution appointment and, if needed, a final hearing at which the court makes a decision.
- Can a financial remedy order include pensions?
Yes. GOV.UK identifies pensions as one of the assets that can be addressed by a financial order.
- How long does a financial remedy order take?
Timescales vary depending on the financial issues involved, the information required, court availability and whether an agreement can be reached. It is not possible to predict a timescale without understanding the circumstances.