The Financial Remedy Process Explained

Divorce is rarely straightforward, and disputes about finances can quickly become one of the most stressful parts of the process. While many separating couples are able to resolve matters through negotiation, this is not always possible. Where discussions stall, or one party refuses to cooperate or disclose their financial position, court involvement may become necessary.

In these circumstances, either spouse can apply to the court for a Financial Remedy. This is a formal request for the court to step in and decide how finances should be dealt with, including property, savings, income, pensions and debts. At Haris Law Solicitors, we support clients through every stage of this process, ensuring the case is prepared thoroughly and progressed efficiently.

Once a Financial Remedy application is issued, the court sets a structured timetable that both parties must follow. One of the earliest and most important stages is financial disclosure. Each spouse is required to complete a detailed document known as Form E, setting out their full financial circumstances. This must be supported by evidence such as bank statements, wage slips, pension valuations and property information. Accuracy and transparency are essential, as the court relies heavily on this information when giving directions.

After financial disclosure has been exchanged, the court will list the First Appointment, usually within a few months. This hearing is relatively short and may take place remotely or at the court building. Attendance is mandatory for both parties and their legal representatives.

The First Appointment is not designed to resolve the case but to prepare it properly. Its purpose is to identify what further information is required before negotiations can meaningfully continue. In advance of the hearing, both parties must provide the court with a number of documents to assist the judge.

Where there are concerns about the information provided by the other party, a formal questionnaire can be raised seeking clarification or additional documents. If there is disagreement about the value of assets — such as a family home or a privately owned business — the court may be asked to approve the instruction of a jointly appointed expert to provide an independent valuation. The likely costs and proposed experts must be outlined in advance.

Pensions often play a significant role in financial settlements. If a pension sharing order is likely, expert advice from a pension actuary may be required to determine how the pensions should be divided fairly. Alongside this, the parties prepare a joint summary of the case (Form ES1), a schedule of assets showing areas of agreement and dispute (Form ES2), and a draft order setting out what directions are being sought from the court.

At the First Appointment hearing, the applicant’s solicitor will usually address the judge first, outlining the issues and highlighting what is agreed and what remains in dispute. The judge may ask questions and hear submissions from both sides before deciding what additional evidence is needed and setting deadlines for the next stage of the case. This leads towards the Financial Dispute Resolution (FDR) hearing, where settlement is actively encouraged.

After the hearing, a formal court order is prepared to reflect the judge’s directions. Once approved, it becomes binding on both parties.

In some cases, it is possible to bypass the First Appointment entirely. Where experienced solicitors are involved and both parties agree on what further evidence is required, an Accelerated Procedure can be used. This can significantly reduce time, cost and emotional strain.

At Haris Law Solicitors, we pride ourselves on providing clear advice, careful preparation and practical guidance to help clients move forward with confidence during financial remedy proceedings.