Helping you secure a fair financial end to your marriage
In addition to your divorce, you and your former spouse will need to decide how to divide your assets, including money and property. If you cannot decide this between you, you can apply to a court for a Financial Remedy Order; this is when a Family Court judge decides how your assets should be divided fairly between you. We understand that this will be a challenging time for you, both practically and emotionally, and we will provide you will clear, calm guidance and support.
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Offering you caring legal support
If mediation hasn’t worked, we can help you apply for a Financial Remedy Order for the fair distribution of your assets between you and your former spouse. The aim is to achieve financial settlement which is fair to both parties and considers income, property ownership, pensions and spousal/child maintenance. Our specialist, caring, family law solicitors will support you through this meticulous process.
Firstly, you will need to submit a notice of intention to proceed with a financial application, also known as a ‘Form A’. This form notifies both the court, and your ex-partner, that you are applying for a Financial Order.
You will also need to submit an in-depth statement about your finances, known as a ‘Form E’ with supporting evidence.
We will provide you with clear, comprehensive support every step of the way.
Why choose
CWC Solicitors?
Our top priority is to ensure you feel informed and supported at this emotionally charged time; we’re committed to giving you the personalised care and attention you deserve. You will be allocated one of our specialist financial remedy solicitors to be your trusted guide.
Frequently asked questions
Still unsure or need something explained in more detail? Contact us, and we’ll guide you through it.
1. What is a Financial Remedy Order?
Also known as a Financial Order, a Financial Remedy Order is granted by the Financial Remedy Court, a division of the Family Court. It can be applied for when two people can’t decide how their financial assets should be divided between them when they divorce. Instead, an order allows a judge to decided how the couple’s financial assets should be divided between them. The aim is to achieve financial settlement which is fair to both parties and considers income, property ownership, pensions and spousal/child maintenance.
2. How is a Financial Remedy Order different from a Consent Order?
While a Consent Order is issued when both parties agree on asset division, a Financial Remedy Order is issued by a judge after a contested court process.
3. When can I apply?
You can apply after filing for divorce. It is recommended that you apply before the final order/decree absolute.
4. What does the process involve?
Firstly, you need to submit a notice of intention to proceed with a financial application, also known as a ‘Form A’. This form notifies both the court, and your ex-partner, that you are applying for a Financial Order. You will also need to submit a comprehensive statement about your finances, known as a ‘Form E’ with supporting evidence.
5. What financial information do I have to disclose?
Both parties are required to provide full and honest disclosure of their financial position, including income, property, savings, pensions and debts. This ensures any decision made by the court is based on accurate information.
6. Will I need to attend court hearings?
If you and your ex-partner cannot reach an agreement, there are usually three key court hearings when applying for a Financial Remedy Order which both parties are expected to attend. The First Directions Appointment sets out the timetable, and the Financial Dispute Resolution Appointment involves a judge helping both parties reach an agreement. If no agreement has been reached, there is a Final Hearing where a judge hears the evidence and decides how the assets should be divided.
7. Do I need a solicitor to apply for a financial remedy order?
You are not legally required to instruct a solicitor to apply for a financial remedy order, but the process can be complex and emotionally challenging. It involves detailed financial disclosure, strict court procedures and careful preparation of evidence.
A solicitor can help you understand your legal position, ensure the correct documents are filed and represent your interests during negotiations or court hearings. This can provide reassurance and help you work towards a fair outcome.
Related services
Disputes involving children
We understand that legal disputes involving children are hugely emotionally challenging, and we are here to ease the strain, through clear, calm advice and support.
Filing for divorce
Our divorce lawyers are experienced and compassionate; committed to providing you with care and clarity when you need it most.
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