What is a Financial Remedy Order?

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A Financial Remedy Order (FRO) is a court order used in divorce or civil partnership dissolution proceedings to resolve financial matters between parties. It establishes how assets, income, and liabilities will be divided and can also address ongoing financial responsibilities.

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A Financial Remedy Order can include the following:

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• Division of property: Establishing ownership of marital homes, investments, or other shared assets.
• Spousal maintenance: Determining if ongoing financial support is needed by one party.
• Child maintenance: Providing financial support for children, including educational or living costs (if not handled by the Child Maintenance Service).
• Pension sharing: Dividing pension benefits fairly between parties.
• Lump sum payments: Requiring one party to make a one-off financial payment to the other.
• Debt allocation: Deciding who is responsible for shared or individual debts.

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The court will consider various factors, including the financial needs, earning capacity, and welfare of any children involved.

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Applying for a Financial Remedy Order

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If financial disagreements arise during a divorce or civil partnership dissolution, mediation should be attempted first, unless exempt. Mediation helps parties reach an agreement without court involvement. If mediation fails, applying for a Financial Remedy Order is the next step to ensure a fair resolution. The application is made using Form A, and there is a court fee of £275.

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Who Can Apply for a Financial Remedy Order

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Typically, either party in a divorce or civil partnership dissolution can apply for a Financial Remedy Order. It is not available to cohabiting couples unless they are dissolving a civil partnership.

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More Details on Financial Remedy Orders

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• Types of Orders: Financial Remedy Orders cover spousal maintenance, pension sharing, lump sum payments, and more, allowing flexibility based on the unique circumstances of each case.
• Court’s Priority: The court’s primary consideration is the welfare of any children involved, followed by ensuring a fair division of assets and liabilities.
• Duration of Orders: Maintenance orders may last for a fixed term or be open-ended, depending on the financial independence of the parties. Property and lump sum orders are typically one-time resolutions, while pension sharing orders have a long-term impact.

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A Financial Remedy Order provides clarity and legal enforceability, ensuring both parties have a fair financial settlement tailored to their specific circumstances.