Financial Remedies

If you are exempt from attending mediation or cannot agree, you or your ex-partner can apply to the court for a judge to decide how assets are divided or if maintenance needs to be paid.  In making that decision, the judge will first consider the children and then look at various factors, such as income or housing needs.  The orders a court can make following a divorce or dissolution are:

• Periodical payments – interim or ongoing maintenance
• Lump sum order
• Property adjustment order – transfer or sale of the family home or other property
• Pension Orders – attachment or pension share order
• Financial orders for children – not where maintenance is paid through the Child Maintenance Service

Yes.  You can still apply for a financial remedy if you and your ex-partner have a final order dissolving your marriage or civil partnership.  However, you will no longer have the status of spouse or civil partner, so you will not be entitled to a widow's pension or similar benefit if your ex-partner dies before a final order is made in your financial application.

It's also worth mentioning that if you divorce without making a financial claim in the divorce petition or to court then later remarry, you would be barred from seeking a financial remedy from your first spouse.

If you cannot reach an agreement by consent, you will need to attend court.  Potentially, you might need to attend and fund three hearings: a directions hearing, a financial dispute resolution hearing and a trial where you would need to give evidence.

Court proceedings are expensive, especially if you need to meet the fees of a solicitor or barrister to represent you at court, which is why we will do all we can to help you settle.

In some cases, it is helpful to have a court timetable to ensure people comply with their obligation to give full and frank disclosure.  However, most couples do manage to reach an agreement before or at the second hearing.