Financial Proceedings Process
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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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### Consent Orders in Divorce

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What is a consent order? A consent order formalises an agreement between a divorcing couple, outlining the terms they have come to regarding their financial arrangements. Once approved by the court, it becomes legally binding and can be enforced in the same manner as... [Find out more](https://vardags.com/law-guide/financial-proceedings/if-you-and-your-spouse-can-agree-consent-orders "Consent Orders in Divorce")



### Alternative & non-court dispute resolution

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What is alternative dispute resolution? In addition to traditional court proceedings, there are alternative options for those working towards a financial settlement arising out of the divorce. Most couples would prefer to agree to a settlement without going... [Find out more](https://vardags.com/law-guide/financial-proceedings/alternative-dispute-resolution "Alternative & non-court dispute resolution")





### Requesting a financial order

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What is a financial order? A financial order is a court order which outlines how a couple's assets and finances should be divided and managed after divorce. Ongoing financial provision such as spousal maintenance may also be directed by a financial order. It... [Find out more](https://vardags.com/law-guide/financial-proceedings/requesting-a-financial-order "Requesting a financial order")



### Enforcing a financial order

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What can I do if my ex-spouse ignores the court's financial order? If a party breaches a financial remedy order, an application can be made to the family court to enforce the relevant provisions of the order. Breaching a court order can result in serious... [Find out more](https://vardags.com/law-guide/financial-proceedings/enforcing-a-financial-order "Enforcing a financial order")





### Costs Orders in Divorce

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What is a costs order? A costs order requires one party to the pay the other's legal costs in financial remedy proceedings. In general, each party will be responsible for their own legal costs, but there are specific circumstances where a costs order may be made... [Find out more](https://vardags.com/law-guide/financial-proceedings/costs-orders "Costs Orders in Divorce")









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.