Getting divorced can prove to be a traumatic time and arranging the necessary financial aspects can quickly become complicated and emotional. If you and your ex-partner are not able to agree a financial settlement, you may need to apply for a financial remedy order, to settle these matters.
A financial remedy order, also called an ancillary relief order, can be used to deal with all financial matters that need to be arranged during a divorce. This includes the division of properties, pensions, savings and investments, as well as spousal maintenance and more.
At Sharp Family Law, we have ample experience in supporting clients with financial remedy processes. We understand that arranging finances as part of divorce processes can be emotional and stressful.
When you work with us, you’ll have the support of an outstanding team. We always take a constructive and sensitive approach, ensuring that your unique requirements are addressed.
Our expert solicitors can offer assistance with all financial remedy matters, including:
- Pre-court processes
- Applying for a financial remedy order
- Financial remedy court proceedings (including the first appointment, the Financial Dispute Hearing and the final hearing)
Speak to our financial remedy orders solicitors in Bristol, Bath and Bradford on Avon
For expert legal advice on financial remedy orders and other financial matters related to divorce, please get in touch with our experts today.
To arrange an initial meeting, whether that is in person or remotely, please contact our local offices in Bristol, Bath and Bradford on Avon or use our simple online enquiry form to request a call back.
Bath 01225 448955 Bristol 0117 9055 055
Our financial remedy order services
Pre-court processes
Before you are eligible to apply for a financial remedy order, it is necessary to establish whether your financial matters can be solved without Court proceedings. You and your partner will be required to go to a Mediation Information and Assessment Meeting (MIAM) to determine if your financial settlement might be arranged through mediation.
If your case is thought to be suitable, you will first need to attempt mediation sessions to come to an agreement. Where mediation sessions do not result in a conclusion and parties cannot agree, you will be permitted to apply for a financial remedy order.
Where domestic abuse has occurred in a relationship, couples will not be asked to attempt mediation.
Applying for a financial remedy order
Our experts at Sharp Family Law can assist you with the process of applying for a financial remedy order.
We can guide you to fill in Form A, confirming that you wish to proceed to obtain a financial remedy order. Once the application has been processed, the individual and their partner will be given an initial appointment and must fill in a financial disclosure form (Form E).
Financial remedy court proceedings
Our experts can be by your side through every stage of financial remedy court proceedings. We will provide close personal support to make sure you achieve the best possible outcome while keeping the stress involved to a minimum for you.
First appointment
Before this appointment, both parties will have completed the financial disclosure form (Form E) and exchanged forms with their ex-spouse. After reviewing your spouse’s form with your solicitor, you will need to prepare for the first initial hearing.
The first hearing is a chance to raise certain matters, for example:
- Any immediate issues that you have with your spouse’s financial statement
- Any questions you might like to ask regarding your spouse’s form, for instance, if assets or values need clarification
At the first appointment, the judge will assess the case and establish if any further evidence is needed for clarity and to progress the case.
Financial Dispute Resolution hearing
At this stage, once all financial information has been disclosed and evidence has been put forward, the couple will attempt to resolve the issues and reach a financial settlement.
An FDR hearing is used to facilitate negotiations and discussions, with the support of your solicitors. The aim is for the parties to reach an agreement that works for them both, determining how their finances will be divided.
Where disagreements continue and a settlement cannot be reached, it will be necessary for the couple to have a third and final hearing. The judge will usually disclose what position they are in favour of and what their decision would likely be if the case escalates further.
Final hearing
At the final hearing, the Court will make a decision as to the financial settlement. At this stage, the Court is likely to make several orders, including orders on property sale and pension sharing.
Our specialists at Sharp Family Law can offer full support throughout the entire financial remedy proceedings. If you have any concerns or questions, our team can address these promptly.
Frequently asked questions about financial remedy orders
A financial remedy order is a court order used to help a couple to divide their finances when getting divorced. Less formal processes, such as collaborative law or mediation are usually the first option for divorcing couples when reaching a financial settlement.
However, where the parties cannot agree, it is then necessary to go through Court processes to obtain a financial remedy order.
Such orders are used to arrange all financial matters, determining how assets and financial resources will be divided, including savings, pensions, property and so on.
Financial remedy hearings take place in three stages:
The first appointment: The judge reviews the case and considers where further evidence may be required, regarding financial disclosure statements (Form E).
The Financial Dispute Resolution hearing: Discussions and negotiations take place, both parties attempt to resolve the dispute and reach an acceptable financial settlement with the assistance of their lawyers.
The final hearing: The Court will decide how the divorcing couple’s finances will be split, which includes property, pensions, savings and other assets.
No, these orders are different. A consent order is a type of Court order which confirms a divorce financial settlement, making it legally binding. This order is made where both individuals have come to a financial settlement by their own consent and there has been no need for a Court hearing.
A financial remedy order is also used to support a couple to separate their finances when getting divorced. The difference is that financial remedy orders do involve formal Court processes. It is necessary for the couple to attend Court because alternative dispute resolution methods have failed and the couple cannot agree on a financial settlement.
Before you can apply for a financial remedy order, you will need to attend a Mediation Information and Assessment Meeting (MIAM) and, if your case is suitable, attempt to reach a financial settlement out of Court.
If your case is deemed inappropriate for mediation, for instance, where domestic violence has occurred, you will not need to go through this initial process.
If you have attempted mediation and cannot come to a financial agreement with your spouse, you should apply for financial remedy, with the support of your solicitor. At Sharp Family Law, we have much experience in these processes and can offer all the assistance you need.
Why choose Sharp Family Law for help with financial remedy orders?
Sharp Family Law is one of the largest dedicated family law firms in the Bath and Bristol area. With our wealth of combined expertise and experience, we have developed a reputation for delivering constructive, highly personal support to each and every one of our clients.
No matter the situation you are facing, our team will provide a completely bespoke service, making sure that your needs and circumstances are always prioritised. As a firm, we do not adopt a ‘one-size fits all’ approach. We personalise our advice to best fit you.
Independent recognition for our family law expertise includes:
- We are ranked by leading client guides the Legal 500 and Chambers & Partners
- Several of our team are members of Resolution– the professional network for family lawyers committed to taking a non-confrontational approach to family law
- Richard Sharp is a trained collaborative lawyer and family mediator in both the UK and the USA
To find out more about our expertise, please take a look at our family law team.
Speak to our financial remedy orders solicitors in Bristol, Bath and Bradford on Avon
For expert legal advice on financial remedy orders and other financial matters related to divorce, please get in touch with our experts today.
To arrange an initial meeting, whether that is in person or remotely, please contact our local offices in Bristol, Bath and Bradford on Avon or use our simple online enquiry form to request a call back.
Bath 01225 448955 Bristol 0117 9055 055