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.

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