How Do I Get a Financial Remedy Order?

Obtaining a Financial Order in Contested Proceedings

In England and Wales, the Court requires both people to attend a Mediation Information Assessment Meeting (MIAM) prior to making an application for a Financial Order. 

A MIAM is a pre-mediation meeting between you and a mediator to find out about mediation and explore ways to find solutions to your dispute. This meeting can actually be booked online if you are ready to proceed to this step. In the MIAM the mediator will discuss:

In a MIAM you will have the opportunity to tell the mediator about your situation and the issues that need to be agreed upon, the mediator will also explain the mediation process to you. At the end of the meeting, the mediator will tell you whether your case is suitable for mediation, and you can decide whether you want to proceed with mediation or explore another option for resolving your issues.

The MIAM usually lasts around 45 minutes and costs in the region of £95 to £120 per person depending on the mediation service you use. Additionally, there may be the cost of the MIAM certificate which is required before you can submit an application to court. This may be included in the initial fee or you may face an additional fee for this. You should check the cost with your mediation service provider before you start.

If you are eligible for Legal Aid then this will cover all your individual mediation costs, including your MIAM and your former partner’s MIAM if they do not qualify in their own right.

If mediation cannot be arranged or breaks down, then a form is provided so that you can still make an application to Court. It is important to note however that you won’t need to go to a MIAM in very urgent cases, such as those cases involving child abduction or failure to return after a visit with the child’s other parent. You also won’t need to prove you have tried mediation in cases where there has been domestic abuse. Following attendance at a MIAM, and if an agreement still cannot be reached, the first step is to complete a Form A and file this at Court. This triggers the Court to fix a timetable for proceedings.  There is currently a Court fee of £255, although an exemption may apply.

The Court will then timetable the first hearing, called a First Appointment, which will take place between 12 and 16 weeks after the filing of the Form A. You and the other person will be required to provide full and frank disclosure of your financial situations at least 35 days prior to the First Appointment. This is called a Form E and is filed at Court and served on the other person. 

You will also be required to file and serve First Appointment documents which include a questionnaire raising any additional questions you may have, a chronology listing the key dates in the marriage, a concise Statement of Issues and Form G.

First Appointment

At the First Appointment, a Judge will look at the information before them and decide whether further financial disclosure is required in order to progress negotiations. If so, the Judge may make further directions, for example, a valuation of a property or the instruction of an expert.

If you are unable to reach an agreement at the First Appointment, the Judge will list your matter for a further hearing, the Financial Dispute Resolution Hearing (FHDRA). 

Financial Dispute Resolution Hearing

After any additional information has been provided, you are each required to make settlement proposals and file these at Court prior to the FHDRA.

During the Hearing, the Judge will provide an indication of what they believe to be a fair and reasonable settlement in the case. Parties will negotiate and, if an agreement is reached, this can be approved by the Judge.

If an agreement cannot be reached, then the Judge may make further directions and list your case for a Final Hearing. At this stage, the Judge cannot impose a settlement on you.

Final Hearing

Prior to the Final Hearing, you’ll be required to provide updating disclosure and prepare a section 25 Statement. You should also make open proposals for settlement.

The section 25 statement must address the following issues:

• A short history of your life before the marriage (including education and career)
• A short history of the other person’s life before the marriage
• Details of any premarital assets
• A short history of the marriage and any period of cohabitation (including home purchases, children and other major marital milestones)
• Any material needed to run a contribution argument (including post-separation accrual)
• A short history of the breakdown of the marriage
• Current circumstances
• Careers, income and earning capacity for both persons
• Income needs
• Housing needs (including property particulars)
• Mortgage capacity
• Other needs

It’s likely that you and the other person will be called as witnesses at the Final Hearing, which means you’ll need to be prepared to give oral evidence to the Judge. It’s at the Final Hearing that a Judge will impose an Order on you.

There are a wide range of powers available to the Judge, which can include a Pension Sharing Order, the sale of a property and maintenance payments.

Obtaining a Financial Order by Consent

If you and your former spouse can agree how to divide your assets, then you can record your agreement in a Consent Order. This can be filed at Court, with a brief summary of your financial situation recorded in a Statement of Information. If the Judge is satisfied with the agreement, then they will seal the Consent Order and it becomes legally binding and enforceable. 

Equally, you may reach an agreement after Court proceedings have started. If this is the case, then a Consent Order can still be prepared and filed at Court at any stage up until the Final Hearing. 

It’s important to resolve how your finances are to be divided if you and your spouse have decided that your marriage is at an end. This is because either person may make an application to the Court for a Financial Order at any time after the divorce, unless the applicant has remarried.  This could mean that, although you may have divorced many years earlier, your ex-spouse could still make a financial claim against you. However, a delay in making an application for a Financial Remedy Order may affect the final provision.

This area of law is very complex and it’s advisable to have expert legal advice. Our specialist Divorce Solicitors are highly experienced in financial disputes between divorcing couples and are here to help you.

Everyone’s situation is different and there’s not one size that fits all, which is why we recommend getting legal advice from a Divorce Solicitor who can advise you based on your situation.

Whatever your situation is we can help you to find the best way of amicably bringing your relationship to an end while protecting your finances and assets for the rest of your life. Our expert legal advice will always be personal and tailored to you and your family.

We offer a variety of options for appointments including telephone and video calls - whatever suits you best. We’re here to support you and make the process as easy as possible for you. You will be fully supported throughout the divorce process and we will deal with your former partner or their Divorce Solicitor and the Court. This takes the pressure off you, so that you can take care of yourself and your family.

To contact one of our expert Divorce Solicitors, please call our friendly and helpful team today on 0808 239 3465 who will be more than happy to help. Alternatively, you can request a call back.