Financial Remedy Solicitors

Financial remedy proceedings are the court process for dividing divorce finances when you can't agree: Form A, Form E disclosure, FDA, FDR and a final hearing.

Most cases settle at or before the Financial Dispute Resolution (FDR) hearing. Only if agreement still cannot be reached does a judge decide the outcome at a final hearing.

Going to court is not a failure. Sometimes it is the only way to get full disclosure, move a stalled negotiation forward or protect yourself from an unfair outcome. Vanguard Solicitors' family law team in London represents clients at every stage of financial remedy proceedings, always with an eye on settling where that serves you best.

Facing financial remedy proceedings following divorce or separation? Contact Vanguard Solicitors on 0208 616 5535 for legal guidance on your financial settlement.

Table of Contents

When should I apply to court for a financial order?

You should consider applying to court if negotiations or mediation have broken down, your spouse refuses to disclose their finances, you suspect assets are being hidden or moved, or you need a court timetable to make progress. Before applying, you must usually attend a Mediation Information and Assessment Meeting (MIAM), unless an exemption applies.

Common reasons for starting proceedings include:

• Your spouse will not engage or keeps delaying
• Disclosure is incomplete, inconsistent or missing
• There is a risk of assets being dissipated or transferred
• You need interim financial support while the case continues
• Positions are too far apart to settle without judicial input

MIAM exemptions include, for example, evidence of domestic abuse or genuine urgency.

What are the stages of financial remedy proceedings?

Financial remedy proceedings usually have three court hearings: the First Directions Appointment (FDA), the Financial Dispute Resolution appointment (FDR) and the final hearing. Most cases settle at or before the FDR, so a final hearing is often not needed.

The typical stages are:

1. MIAM: An initial meeting with a mediator to consider whether mediation could work.
2. Form A: The application to court for a financial order.
3. Form E: Both spouses complete a detailed sworn statement of their finances, with supporting documents, and exchange them by a set date.
4. Questionnaires and statements of issues: Each spouse can ask questions about the other's Form E and identify the issues in dispute.
5. First Directions Appointment (FDA): The judge decides what further information and expert evidence are needed, such as property or pension valuations.
6. Financial Dispute Resolution (FDR): A without-prejudice hearing where a judge gives an indication of the likely outcome to help the parties settle.
7. Final hearing: If there is still no agreement, a different judge hears evidence and makes a binding decision.

Private FDRs, run by an experienced barrister or retired judge chosen by the parties, are an increasingly popular way to get an earlier and more focused settlement opportunity.

What is Form E and why does disclosure matter?

Form E is a detailed financial statement that each spouse must complete in financial remedy proceedings, setting out their income, property, savings, pensions, businesses, debts and needs, supported by documents such as bank statements and payslips. Both spouses have a duty to give full and frank disclosure, and the court relies on it to reach a fair decision.

Form E typically requires:

• Twelve months of bank statements for every account
• Recent payslips and P60s, or business accounts and tax returns if self-employed
• Pension valuations
• Property valuations and mortgage statements
• Details of debts, liabilities and expected future income
• A summary of each person's housing and income needs

A Form E is signed with a statement of truth, and giving false information can amount to contempt of court.

What if my spouse is hiding assets?

If you suspect your spouse is hiding assets, the court has wide powers to investigate. It can order further disclosure, require documents from third parties, appoint forensic accountants and draw adverse inferences against someone who has not been honest. An order obtained through deliberate non-disclosure can later be set aside.

Warning signs of hidden assets include:

• Unexplained transfers to family members or new accounts
• A sudden drop in business profits or salary around the time of separation
• Cash-heavy businesses or lifestyle inconsistent with declared income
• Undisclosed cryptocurrency, offshore accounts or trusts

Where there is a real risk that assets will be moved or sold, the court can make urgent orders to freeze them or prevent disposal. Be careful about how you gather evidence: taking your spouse's private documents without permission can cause serious legal problems for you.

How long do financial remedy proceedings take?

Financial remedy proceedings commonly take around 12 to 18 months from Form A to final hearing, although many cases settle sooner at the FDR stage. Complex cases involving businesses, trusts or international assets can take longer.

In London, financial remedy cases are dealt with by the specialist London Financial Remedies Court, based at the Central Family Court. Timescales vary with court listings, the complexity of the case and how quickly each side complies with directions.

How much do financial remedy proceedings cost?

The cost depends on the complexity of the case and how far it goes. Cases that settle at the FDA or FDR stage cost considerably less than those that go to a final hearing. Legal costs in financial remedy proceedings are usually paid by each party from their own resources, though the court can order one side to pay costs if they have behaved unreasonably.

Ways to keep costs proportionate include:

• Engaging early with mediation or other non-court options
• Providing complete disclosure on time
• Focusing on the issues that genuinely affect the outcome
• Making realistic settlement proposals and considering offers seriously

Since April 2024, the court has had stronger powers to encourage non-court dispute resolution and to take a party's failure to engage, without good reason, into account when deciding costs.

Can the court award maintenance while the case is ongoing?

Yes. The court can order maintenance pending suit, which is interim financial support to cover reasonable living costs until the final order. In some cases, it can also order one spouse to contribute to the other's legal fees through a legal services payment order, so both sides can be fairly represented.

Frequently asked questions about financial remedy proceedings

Talk to financial remedy solicitors in London

If you cannot agree on your divorce finances, Vanguard Solicitors can advise on whether court proceedings are right for you, prepare your case thoroughly and represent you at every hearing, while pursuing settlement where it is in your interests.

Need advice about a financial remedy application? Call Vanguard Solicitors on 0208 616 5535 to speak to a family law solicitor about your options.