Financial remedy proceedings

When to use financial remedy proceedings

Financial remedy proceedings are appropriate when:

• You can’t reach agreement through negotiation
• Mediation has failed or isn’t suitable
• You need the court to make binding decisions
• Your spouse won’t engage with the process
• There are complex or disputed issues

Most people try to negotiate first, as court is expensive and stressful. But sometimes court is necessary.

Overview of the process

Financial remedy proceedings follow a structured path:

1. Application – You apply to court using Form A
2. Disclosure – Both parties complete Form E financial statements
3. First Directions Appointment (FDA) – Case management hearing
4. Financial Dispute Resolution (FDR) – Settlement-focused hearing
5. Final Hearing – Judge makes binding decisions (if no settlement)

Many cases settle before the final hearing, often at or after the FDR.

Step 1: Applying (Form A)

To start proceedings, complete Form A and submit it to the court with the £313 fee.

MIAM requirement

Before applying, you must normally attend a MIAM (Mediation Information and Assessment Meeting) unless exemptions apply. You’ll need to confirm this on your Form A.

Timing

You can apply for a financial remedy once you’ve started divorce proceedings. You don’t need to wait for the conditional or final order.

What happens next

The court sets a date for the First Directions Appointment (FDA), typically 12-16 weeks after you apply.

Step 2: Financial disclosure (Form E)

Both parties must complete Form E – a comprehensive financial statement – and exchange copies at least 35 days before the FDA.

Form E covers:

• Income from all sources
• Property and land
• Bank and building society accounts
• Investments
• Insurance policies
• Business interests
• Pensions
• Debts and liabilities
• Significant assets disposed of in last 12 months
• Monthly expenditure
• What you’re seeking in the settlement

You must attach supporting documents (bank statements, valuations, pension information, payslips, etc.).

Full and frank disclosure

You’re legally required to be completely honest. Hiding assets or providing misleading information can result in:

• Adverse inferences (the court assumes the worst)
• Costs orders against you
• The settlement being set aside later
• In serious cases, contempt of court

Questionnaires

After exchanging Form Es, you can ask questions about anything unclear or missing. These “questionnaires” are exchanged before the FDA. The court decides at the FDA which questions must be answered.

Step 3: First Directions Appointment (FDA)

The FDA is a case management hearing, typically 30-45 minutes.

Purpose

The judge:

• Reviews both Form Es
• Decides which questionnaire questions must be answered
• Orders any expert evidence needed (property valuations, pension reports, business valuations)
• Sets a timetable for the case
• Lists the FDR hearing

What to prepare

Before the FDA, you must file:

• Form E (if not already filed)
• Questionnaire (questions for the other party)
• Chronology (key dates)
• Statement of issues (what you’re asking for and what’s disputed)
• Form G (confirming whether you’re ready for FDR)
• Form H (costs estimate)

Outcome

The judge makes a court order setting out:

• What questions must be answered (and when)
• What expert evidence is needed
• Deadlines for various steps
• Date of the FDR

Step 4: Financial Dispute Resolution (FDR)

The FDR is the key hearing – it’s designed to help you settle.

The purpose

The FDR is a “without prejudice” hearing. This means:

• Discussions are confidential
• Offers made can’t be mentioned at any later hearing
• The judge gives their view to encourage settlement
• If you don’t settle, a different judge handles the final hearing

Before the FDR

You must file:

• Updated Form H (costs to date)
• Open proposals (what you’re offering/asking for, which the other party sees)
• Without-prejudice offers (seen by judge at FDR but not at final hearing)
• Any additional evidence ordered at FDA

What happens

1. Both sides explain their position to the judge
2. The judge reviews the case
3. The judge gives an “indication” – their view of a fair outcome
4. You have time to negotiate (often several hours)
5. If you settle, a consent order is drafted
6. If not, the judge makes directions for a final hearing

Settlement at FDR

Many cases settle at FDR or shortly afterwards. The judge’s indication often helps parties see their case realistically. Even if you don’t settle on the day, the indication may prompt settlement in following weeks.

Step 5: Final Hearing (if needed)

If you can’t settle, the case proceeds to a final hearing where a judge makes binding decisions.

Timeline

Final hearings are typically listed 3-6 months after the FDR (depending on court availability).

Duration

Depends on complexity:

• Simple cases: half a day to one day
• Medium cases: 1-2 days
• Complex cases: 3-5+ days

What happens

1. Opening submissions from both sides
2. Evidence from each party (under oath)
3. Cross-examination
4. Any witnesses
5. Closing submissions
6. Judge’s decision (sometimes reserved for later)

The decision

The judge makes a financial remedy order covering:

• What happens to property
• Division of savings, investments, pensions
• Whether maintenance is paid
• Whether there’s a clean break

This order is legally binding.

Timescales

Typical timeline:

• Application to FDA: 12-16 weeks
• FDA to FDR: 8-12 weeks
• FDR to Final Hearing: 12-24 weeks
• Total: 12-18 months (or longer for complex cases)

Court delays can extend these timescales significantly. As of 2025, financial remedy cases are experiencing significant backlogs in many areas.

Costs

Financial remedy proceedings are expensive:

Court fees:

• Form A application: £313
• Consent order (if you settle): £60

Legal costs:

• Solicitor fees: £10,000-£30,000+ per person for contested cases
• Barrister fees: £1,500-£5,000+ per hearing
• Expert fees: £500-£3,000+ depending on type

Total costs for contested proceedings commonly reach £20,000-£60,000+ per person.

This is why negotiation and mediation are usually preferable – and why settling at FDR is so valuable.

Express Financial Remedy Procedure (pilot)

In April 2025, a pilot scheme called the Express Financial Remedy Procedure was introduced for simpler cases with net assets under £250,000 (excluding pensions).

Key features:

• Faster timescales (FDR within 16-20 weeks, final hearing within 30 weeks)
• Streamlined disclosure
• Same judge for FDR and final hearing where possible
• Focus on early settlement

This pilot operates in selected courts. Ask your local court or a solicitor whether it’s available for your case.

Alternatives to court

Before or during proceedings, consider:

Mediation: A mediator helps you negotiate. Much cheaper and quicker than court.

Solicitor negotiation: Your solicitors negotiate on your behalf without court involvement.

Collaborative law: Four-way meetings with both parties and their solicitors, all committed to settling without court.

Private FDR: A retired judge (privately paid) gives an indication, like a court FDR but more quickly and privately.

Arbitration: A private arbitrator makes a binding decision, often faster than court.

You can use these at any stage – even after starting court proceedings.

If you reach agreement

At any point, if you reach agreement, you can:

• Convert it to a consent order
• Ask the court to approve it
• Avoid the need for further hearings

The court still checks that the agreement is fair (particularly where there are children), but most reasonable agreements are approved.