Financial Remedy
What Is a Financial Remedy in Divorce?
A financial remedy is the formal legal process used to resolve financial disputes when divorcing couples cannot agree on their own. It allows the court to determine how assets, income, pensions, and liabilities should be divided between the parties. Financial remedy proceedings may be necessary when one party refuses to disclose financial information, is hiding assets, or cannot come to a fair agreement with the other.
At Kayson Solicitors, we provide expert representation in straightforward and complex financial remedy proceedings. We always work to protect your interests and secure a fair outcome.
When Is a Financial Remedy Needed?
You may need to apply for a financial remedy order if:
- You and your spouse cannot agree on how to divide your financial assets
- One party is withholding information or hiding assets
- The settlement discussions have broken down or are at a standstill
You want the court to intervene to ensure a fair and enforceable outcome
Even if you reach an agreement, you still need to have it formalised by the court through a Financial Consent Order. However, if an agreement cannot be reached, a financial remedy application is often the only way to resolve the matter legally.
What Is the Financial Remedy Process?
The financial remedy process is a court-led procedure involving the following key steps:
- Application (Form A)
One party formally applies to the court for a financial remedy. This triggers the legal process and sets a timetable for the case. - Financial Disclosure (Form E)
Both parties are required to give full and honest disclosure of their finances. This includes income, assets, debts, and pensions. Hiding assets is illegal and may result in court penalties.
3. First Appointment (FDA)
This initial hearing deals with case management and identifies what further evidence or documents are needed.
4. Financial Dispute Resolution Hearing (FDR)
This is a without-prejudice hearing where a judge assists the parties in trying to reach a settlement. Most cases settle at or shortly after this stage.
5. Final Hearing (if needed)
If no agreement is reached, a judge will hear evidence from both parties and make a binding decision on the financial division.
Throughout this process, our solicitors work to resolve matters through negotiation where possible to reduce cost and stress. However, we are fully prepared to represent you at every stage of court proceedings if necessary.
What Is the Difference Between a Financial Remedy and a Consent Order?
A financial remedy is the court process used when parties cannot agree on how to divide finances. It involves a formal application and potentially several court hearings.
A financial consent order, on the other hand, is used when parties have already agreed on the division of assets and simply need the court to approve the agreement to make it legally binding.
In short :
| Financial Remedy | Financial Consent Order |
|---|---|
| Used when parties cannot agree | Used when parties do agree |
| Court-led process, may involve hearings | Paper-based application, no hearings if straightforward |
| Judge decides how assets are divided | Judge reviews and approves an agreement made by both parties |
At Kayson Solicitors, we can help you determine whether a financial remedy application or a consent order is right for your situation.
What Does the Court Consider in Financial Remedy Cases?
The court follows Section 25 of the Matrimonial Causes Act 1973 to assess what is fair. Factors include:
- Each party’s income, earning capacity, and financial needs
- The standard of living during the marriage
- The age and health of both parties
- The length of the marriage
- Contributions (both financial and non-financial)
- The welfare of any children
- Conduct (only in exceptional cases)
Is a Financial Remedy Legally Binding?
Yes. If the court makes a financial remedy order, it becomes legally binding and enforceable. It clearly sets out how assets will be divided and whether any ongoing payments, such as spousal maintenance, will apply.
Once made, the order usually severs financial ties between the parties, except for any continuing obligations like maintenance or child support.
How Kayson Solicitors Can Help
Whether you’re facing a complex financial dispute or need help negotiating a fair settlement, Kayson Solicitors offers:
- Expert legal advice tailored to your financial circumstances
- Representation in court-led financial remedy proceedings
- Skilled negotiation to avoid court where possible
- Full support with financial disclosure and asset tracing
- Clear advice on when a Consent Order may be more appropriate
We understand the financial and emotional challenges involved in divorce and are here to make the process as clear and manageable as possible.
📞 Contact Kayson Solicitors today for a confidential consultation and take the first step toward securing your financial future.