What is the Court Process for a Financial Settlement in Divorce?
Updated: Nov 17
Before you consider starting court proceedings, it is advisable to try and reach an amicable agreement between you, either at mediation or via solicitors. Going to Court will undoubtedly increase legal costs on both sides and can be a stressful and drawn-out process. However, if this is not possible or mediation has failed, it will likely become necessary for one of you to issue a financial remedy order.
What is a Financial Remedy Order?
A financial remedy order, formally known as financial remedy proceedings, is a procedure that helps to settle the financial dispute between divorcing couples in Court and establishes the division of money and property between parties. Financial remedy orders can cover various financial matters, including lump-sum payments, shares or pensions, and division of property. Financial remedy orders can also cover regular payments for childcare costs and other needs.
What are the Court Stages of a Financial Remedy Order?
Typically, there are six main steps in a financial remedy order court proceeding. The Court will provide a timetable which must be adhered to, and failure to meet these deadlines could result in the court ordering you to pay the other sides costs. Our family law team will guide you through the process in detail, ensuring you understand any obligations required, but as an overview, the process involves:
Dealing with any questionnaires
First Directions hearing at which the Court will ensure that all necessary but proportionate information is obtained
A Financial Dispute Resolution Hearing which is in effect compulsory mediation by the Court
A Final Hearing in default of agreement
You can read more about financial settlements in our previous blog:
Financial Settlement Solicitors
The financial agreement aspect of divorce is a complex area of law, and it is essential to have expert legal advice before going through this process. You must ensure you are properly represented and that your legal rights are protected.
We realise that communication between you and your spouse may be strained, and you will want help negotiating the terms of your divorce financial settlement. Our matrimonial finance solicitors in Kingston will be able to provide you with practical advice regarding all divorce financial settlement matters, consent orders, ancillary relief proceedings, financial orders, and clean break agreements.
Regardless of the complexity of your situation, at Rose & Rose, our experienced family law team has the capability and expertise to guide you through the most complicated legal issues and are dedicated to providing the highest level of service to our clients at all times.
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors