Financial Remedy Proceedings Solicitors
When a relationship comes to an end, sorting out finances can feel overwhelming. Financial remedy proceedings are the legal process used to reach a fair and sensible agreement about money, property, pensions, and other assets after a divorce or dissolution. The aim is to give both parties clarity and security for the future, with children’s needs always coming first.
How the Process Works
If you’re unable to reach an agreement through discussion or mediation, either person can apply to the court for help. The court then follows a set timetable, which includes exchanging financial information, attending hearings to narrow the issues, and, if needed, asking a judge to make a final decision. Throughout the process, the focus is on achieving a fair outcome based on your individual circumstances.
What the Court Looks At
The court considers a range of factors, including:
- Your income, earning potential, and financial needs
- The assets you each have, including property and pensions
- The standard of living during the relationship
- Contributions made by each of you, whether financial or through caring responsibilities
- The welfare and needs of any children
How Bell Lamb & Joynson Can Help
We know that dealing with finances during a separation can be stressful. Our family law team provides clear, practical advice from the start, helping you understand your options and what a fair settlement might look like. Whether you’re seeking a clean break, negotiating maintenance, or dividing assets, we’ll guide you through every step with honesty, empathy, and a focus on achieving the best possible outcome for you and your family.
Financial Remedy FAQ's
Yes; if you want your financial agreement to be legally binding and enforceable. Without a court order, either party could make future financial claims, even years after the divorce.
The court can make several types of orders, including:
- Lump sum orders
- Property adjustment orders
- Pension sharing or attachment orders
- Spousal maintenance orders
- Clean break orders (ending financial ties)
The court follows the statutory factors in section 25 of the Matrimonial Causes Act 1973. Fairness and meeting needs are the guiding principles.
Not necessarily. Many couples reach agreement through:
- Mediation
- Solicitor negotiation
- Collaborative law
- Arbitration
If an agreement is reached, it can be submitted to the court for approval without attending a hearing.
If court proceedings are required, the process typically takes 6–12 months, depending on complexity and court availability. Out‑of‑court agreements can be reached much more quickly.
Both parties must provide full and frank disclosure, usually through a Form E, which includes:
- Income
- Property
- Savings and investments
- Pensions
- Debts and liabilities
- Business interests
Supporting documents (bank statements, payslips, valuations) are required.
The court can compel disclosure and draw adverse inferences if someone is not transparent. In serious cases, penalties or costs orders may be imposed.
Possibly. Assets acquired before the marriage, inherited wealth, or gifts may be treated as non‑matrimonial, but the court can still use them to meet needs if necessary.
It depends on the financial circumstances of both parties. Maintenance may be ordered if one party cannot meet their needs without support. The court will consider income, earning capacity, and needs.
A clean break order ends all financial ties between the parties. It prevents future claims for income, capital, or pensions. It is often desirable but not always possible if ongoing support is needed.
Yes; many couples reach their own agreement. However, it’s important to have it converted into a consent order to ensure it is legally binding and enforceable.
If negotiations fail, either party can apply to the court for a financial remedy order. The court will then manage the process and ultimately decide the outcome.
No. Unmarried couples fall under different legal principles (such as property and trust law). They may need advice on TOLATA claims rather than financial remedies.
No specifically. There is, however, recourse to pursue an application under Schedule 1 of the Children Act 1989, to get a financial settlement for the benefit of the children of the relationship.
Get in Touch
Get in touch with our financial remedy proceedings solicitors in Liverpool City Centre, Liverpool North, Runcorn, Warrington, Maghull & Ashton-in-Makerfield.
For an informal chat about how we can help you, contact us in one of the following ways:
Call 03444 124348 | Ask us a Question
We’re happy to speak to you by phone, email or via video call on Microsoft Teams.
Or if you prefer, please feel free to come into one of our offices in Liverpool City Centre, Liverpool North, Maghull, Runcorn, Warrington and Ashton-in-Makerfield, where we will be happy to assist you further.