What Can a Financial Remedy Order Cover?
Financial remedy orders are designed to address a wide range of financial matters, including:
- Avoidance of Disposition Order: Cancelling a transaction already made to prevent asset dissipation.
- Maintenance Pending Suit: Temporary maintenance payments before the finalisation of divorce or separation proceedings.
- Periodical Payments: Regular maintenance payments from one party to the other.
- Lump Sum Provision: One-time or instalment-based payments of a specified amount.
- Property Adjustment Order: Transfer, settlement, or variation of property ownership, including nuptial settlements.
- Variation Order: Amending an existing financial order.
- Pension Sharing Order: Allocating a percentage of one party’s pension to the other.
- Pension Compensation Sharing Order: Sharing pension compensation entitlements under the Pension Protection Fund (PPF).
Why Apply for a Financial Remedy Order?
When couples separate, they must resolve financial issues, such as:
- Ownership and division of the family home.
- Determining whether one party should pay spousal maintenance.
- Allocating family assets.
- Providing for child maintenance (if not covered by the Child Maintenance Service).
Full and Frank Financial Disclosure
The court requires both parties to provide full and frank disclosure of their financial circumstances. This transparency ensures that settlements are fair and equitable. Failure to disclose assets fully can lead to penalties or the reopening of financial agreements.
The Financial Remedy Process
- Pre-Application Protocol
Before filing for a financial remedy order, parties are required to exchange financial information and attempt to resolve disputes amicably. Mediation or negotiation is encouraged at this stage. - First Appointment
At the first court appointment, the parties are expected to:- Narrow the issues in dispute.
- Provide an agreed case summary and schedule of assets.
- Submit any questionnaires regarding financial disclosure.
- Financial Dispute Resolution (FDR)
The FDR is a hearing dedicated to negotiation and settlement.- Discussions during the FDR are confidential and cannot be used as evidence later.
- The court provides guidance on how the case might be resolved to encourage realistic agreements.
- Final Hearing
If no settlement is reached, the case proceeds to a final hearing.- Both parties give evidence and are cross-examined.
- The court makes a binding decision based on the unique facts of the case.
- Final hearings are costly and are generally avoided if possible.
Key Considerations in Financial Remedy Cases
- Starting Point: For married couples, the court often starts with a 50:50 division of assets. However, this may vary depending on factors such as pre-marital assets, inheritances, or the financial needs of each party.
- Children’s Needs: The court prioritises the welfare and financial needs of children when making orders.
- Costs: Each party is generally expected to bear their own legal costs unless one party’s conduct justifies a costs order.
Common Types of Financial Remedy Orders
- Avoidance of Disposition Order
Prevents or cancels transactions intended to reduce the assets available for division. - Maintenance Pending Suit
Temporary financial support paid until the finalisation of divorce, nullity, or judicial separation proceedings. - Periodical Payments
Ongoing maintenance payments, usually monthly or annually, for the benefit of a spouse or child. - Lump Sum Provision
A one-off or instalment payment made to settle financial claims. - Property Adjustment Order
Can involve:- Transferring property ownership.
- Settling property disputes.
- Adjusting or extinguishing interests in a property.
- Pension Sharing/Compensation Sharing Order
Divides pension assets or compensation under the Pension Protection Fund (PPF), ensuring a fair allocation.
Conclusion
Financial remedy orders are essential for resolving financial disputes following separation or divorce. The process requires full financial disclosure, negotiation, and, if necessary, court intervention to reach a fair outcome.
For assistance with your financial remedy application or to learn more about completing Form C100, explore our free guide to get started.