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Financial Proceedings Process

The financial proceedings process will be different based on whether or not you and your spouse can come to an agreement regarding the financial settlement between themselves.

If you and your spouse can come to an agreement, you can apply to the court for a consent order, which essentially enshrines the agreement in a legally binding order.

However, many couples are not able to come to an agreement themselves. In these circumstances, the first step will typically be to consider alternative or non-court dispute resolution (ADR). There are many benefits to ADR – it is often cheaper, quicker, and less acrimonious. There are various types of ADR including: mediation, arbitration, collaborative divorce, solicitor-led negotiation, and round-table meetings. Before an application can be made to the court seeking a financial remedy order, it is compulsory for parties to attend a Mediation Information Assessment Meeting (MIAM), unless they have a valid exception – for example, where there have been allegations of domestic abuse. This was introduced to encourage the resolution of disputes outside of the family court.

Where couples are still unable to come to an agreement through ADR, or where ADR is unsuitable, they may request a financial order from the court.

Once a court order is made, it is legally binding. If either party fails to abide by the order, an application can be made to the court to enforce it and they may face serious consequences.

If you’re considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors.

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Arbitration in divorce cases

Arbitration is an alternative dispute resolution process, in which the parties agree to submit to the binding decision of an independent third party. Having become mainstream in the commercial world as an alternative to litigation, it is an increasingly popular resource in...
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What are non-molestation orders?

What are non-molestation orders? A non-molestation order (or “non-mol”) is one of the court’s key powers in cases involving domestic violence. The order prevents a person from harassing or threatening you. Depending on the drafting and the severity of...
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Financial disclosure

There are a number of stages in the financial disclosure process, some of which include forms to complete which will eventually be exchanged by both parties. Issuing your financial application: the Form A To start financial proceedings, you need to make a separate...
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Collaborative divorce

The collaborative, or ‘four-way’ process is a form of alternative dispute resolution particular to family law. It requires both parties to instruct a lawyer who has been trained in the collaborative approach, and parties agree not to use those lawyers if the...
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First Directions Appointment (FDA)

What is the First Appointment?  The First Directions Appointment is commonly referred to as the ‘First Appointment’ or ‘FDA’. This is the first hearing that takes place during the financial remedy proceedings. It constitutes a...
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Occupation orders

An occupation order is one of the court’s key powers in cases involving domestic violence. It controls who lives in a home, and can be used to exclude those who use or threaten violence, as well as perpetrators of sexual or psychological abuse. If a person breaches...
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Mediation

Mediation is a type of alternative dispute resolution, in which the parties attend meetings with an independent, impartial and qualified third party. That person is able to guide the process and assist the parties in narrowing the issues in dispute and negotiating toward a...
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Legal Services Order

If you are unable to pay your legal fees (either from your own assets or from borrowing) then you can apply for a Legal Services Order. This is an interim order that will require your spouse to make monthly payments to satisfy your legal fees. This will allow you to fight...
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Financial Dispute Resolution (FDR)

The FDR is the stage at which most cases settle. It is a special type of hearing which is focused on achieving a negotiated settlement between the parties. An FDR hearing takes place on a “without prejudice” basis, meaning that things that are said there cannot...
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Maintenance Pending Suit

When divorcing, your spouse is under a duty to maintain the financial status quo. If they have supported you financially, this means that such support should continue. If your spouse does not do this voluntarily, or if you have new expenses which you cannot cover, then it...
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Final hearing

If your case is “fully contested” and cannot be settled, it may well proceed to a final hearing. At a final hearing, the court listens to the evidence of both parties and decides which assets are matrimonial and how they should be divided. Final hearings...
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Solicitor-led negotiation

Negotiations can take place in advance of, or in parallel to, the court process. Although negotiation between the parties themselves can be a helpful way to narrow issues and to gain insight into one another’s positions, it does pose a number of hazards. For example, one...
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Freezing injunctions

Freezing injunctions are a special type of court order which restricts a party’s ability to deal with or dispose of their assets. If you have good reasons to suspect that your spouse is planning to move assets out of the country or to transfer them to friends,...
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Enforcement of Court Orders

The English courts have wide-ranging powers to enforce the orders which they make. The court is able to transfer properties and accounts into a creditor’s name, whilst it can also order that money owed to a debtor be paid to their creditor instead. The court can also...
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Round-table meetings

A round-table meeting is a meeting specifically for the purpose of settlement discussions. Parties and their legal advisors meet to consider, and attempt to narrow, the issues and to undertake negotiations. These meetings can vary in their formality, but often take a form...
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Set-aside application

If your partner has transferred assets in order to deprive you of your fair share, then it may be possible to set-aside that transaction. Under s37 of the Matrimonial Causes Act, the court has the power to “set-aside”, or undo, transfers of assets. The court...
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Third party disclosure orders

A third party disclosure order is an order of the court which requires a non-party to provide documents and/or information about a certain subject. Generally, in family proceedings, it will be used to obtain financial information. If your spouse holds a large amount of...
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Hadkinson orders

A Hadkinson order is an unusual order, but can be vital in the right circumstances. Where a party is in breach of court orders, for example to pay money or to provide disclosure, a Hadkinson order can stop them from bringing other applications and from being heard in...
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What happens to your mortgage during a divorce?

Divorce is a seismic life event, marked by emotional upheaval and practical challenges. Among these challenges, the fate of the family home and its mortgage often looms large. In this comprehensive guide, we explore the multitude of options available to divorcing couples as...
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Changing a divorce court order when circumstances change

There are some circumstances which, when they occur, can result in a change to a divorce court order. Barder Events In certain circumstances, a court order can be undone if there is an unforeseen event after the final hearing. Generally, to be a Barder event, something...
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Non-disclosure

All parties to a divorce owe a duty of full and frank disclosure. This means that they have to provide all the information that they can about their assets and income. If they refuse or fail to do this, the consequences are very serious. If you’re considering or...
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Appealing a divorce settlement

If one party thinks that their case was decided wrongly, they can appeal. In an appeal, a more senior judge examines the reasoning of the first judge and decides if they reached a reasonable decision. Generally speaking, the appeal court does not overturn a decision simply...
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What is Arbitration?

What is arbitration?  Arbitration is a form of alternative dispute resolution, which can essentially be understood as a private alternative to litigation. It is based on all parties agreeing to arbitration with the resulting decision being...
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What is spousal maintenace (alimony) in divorce

Whist not applicable to all cases, an important financial consideration following divorce is whether payment of spousal maintenance is necessary, and the appropriate level and ‘term’ (i.e. length) of those payments.  Spousal maintenance will usually only...
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What is Form E?

For any divorcing couple, dealing with the financial arrangements can seem overwhelming and complicated. In order to ensure a fair division of a couple’s assets and financial obligations, it is necessary for all parties to understand the whole picture. If a divorcing...
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Using the Courts or Mediation for Divorce

It is widely recognised that an amicable divorce process which allows the parties to come to an agreement outside of the court system is better for all involved. It is usually more cost effective and quicker and generally stops issues from escalating. No fault divorce will...
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What happens in a Divorce Hearing?

The involvement of the courts is one of the methods used to progress divorce proceedings. It is also likely that other processes will be used, such as mediation, collaborative law, negotiations between the parties or their representatives or family arbitration. It is also...
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Financial Remedy Orders

To many, the notion of a divorce entails an element of financial settlement. However, the process of getting divorced and of achieving a financial settlement are strictly seen as distinct (but interconnected) legal processes. Once a divorce petition...
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Alternative dispute resolution for the financial aspect of divorce

Resolving the financial division of marital assets via the courts can be stressful, expensive, and time consuming. Without a prenuptial agreement in place, the parties can find it difficult to decide how the marital wealth will be divided. Alternative dispute resolution is...
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Guide to Private Financial Dispute Resolutions (private FDRs)

In recent years, and particularly through the pandemic, the challenges for couples have increased, and there has been an escalation in separation proceedings. Processes that offer more ease and less cost to separating couples have been increasing in popularity. Private FDRs...
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Funding your divorce

The divorce itself, and dividing the finances upon divorce, are separate processes, albeit that they run in parallel. In the event that a divorce is undefended and there is no jurisdiction dispute at the outset (regarding where the divorce should take place), the divorce...
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Coercive and controlling behaviour and economic abuse

What is coercive and controlling behaviour? The Serious Crimes Act 2015 made coercive and controlling behaviour in an intimate or family relationship an offence. Coercive control is a term used to describe a repeated or continuous pattern of behaviour that causes...
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The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.