During or after a divorce separation, dissolution of a civil partnership or nullity, there may still be a need for the Court to settle disputes over money or property if NCDR (non-court dispute resolution) is either not appropriate or has been attempted but not been successful. The Court can make a financial remedy order. This may include the sale or transfer of property, maintenance payments, a lump sum payment and/or a pension sharing order etc.
If you are involved in financial remedy proceedings, it is important that you seek legal advice. A Court official can give you information about Court procedures but cannot advise you about the merits of your case.
After you begin, there are usually three stages to obtaining a financial order:
However, some cases are resolved more quickly and may not need to go through all three stages. Equally, some cases, which are more complex, may require further hearings in addition to the above.
Both parties should know about each other’s finances and the matters about which they agree and disagree, and complete a Form E (financial statement) in line with the court timetable, ensuring that you have signed the statement of Truth. A number of other documents will have to be filed with the court, to comply with the directions made by the court. At the first appointment hearing, the court will make all directions necessary to progress the case in order to finalise the financial disclosure. It may be possible to deal with the first appointment hearing with an agreed order under the accelerated procedure. This means that the hearing will be vacated on the basis that an order has been agreed to progress the case, which will save costs.
You or the other party may at any stage of the proceedings make a written offer to each other to settle any issue or part of the proceedings relating to the application for a financial remedy order. You should take legal advice before doing so.
You will both have to attend Court – if you do not you may have to pay the other party’s costs. The Judge can give further directions on how to proceed, request more information, make a final order if both parties agree, refer your case to FDR or adjourn for NCDR.
Again, both parties will have to attend the hearing, which, although listed for an hour can carry on for much longer at court. The Judge will help you to reach an agreement by giving an indication as to what they think is fair in terms of settlement. Matters often settle at that stage. However, if an agreement cannot be reached, then the Judge will fix a date for a Final Hearing.
Another Judge will consider all available evidence and make a final financial remedy order dealing with the division of the assets between the parties.
What happens in an agreement is reached before a final order is made?
If agreement is reached, we can provide a draft consent order to the Court. Please however note that the order cannot come into force until the conditional order in the divorce has been made final.
There will be a Court fee to issue the financial remedy order application, payable by the Applicant. This fee may change from time to time. Your costs will depend upon your case and any complex issues which may arise and how many hearings are necessary to resolve matters. We will provide you with an estimate of costs at the outset and prior to any Court hearings.
If you have any questions or need any further advice, please do not hesitate to contact Severine Vincent on 01926 422 101 or leamspa@fieldoverell.com
Submit your enquiry and a member of our team will be in touch.
42 Warwick Street
Leamington Spa, CV32 5JS
