What is the process for applying for a financial remedy on divorce? — Guide for England and Wales

Introduction: purpose of a financial remedy

A financial remedy resolves how money property and pensions will be divided after divorce. The court aims for a fair outcome that meets the needs of any children and the parties. The process involves disclosure valuation negotiation and, if necessary, a court hearing.

Step 1: preliminary advice and information gathering

The applicant should seek legal advice early and gather financial documents. Typical documents include bank statements tax returns payslips pension statements mortgage schedules and business accounts. Full and accurate disclosure speeds up the process and reduces the risk of adverse findings later.

Step 2: initial fixed costs and mediation information

Before issuing proceedings parties usually exchange a Mediation Information and Assessment Meeting (MIAM) certificate unless exempt. The court encourages mediation or negotiation to settle matters without contested hearings. Solicitors will prepare a costs estimate and advise on likely outcomes.

Step 3: issuing the application

To start formal proceedings the applicant files a Form A with the family court and pays the fee or applies for fee remission if eligible. The application sets out the financial claims sought and lists the main assets and liabilities. The court issues a timetable for the next procedural steps.

Step 4: financial disclosure and Form E

Both parties must complete full financial disclosure using Form E. This document sets out income capital pensions and liabilities and attaches supporting evidence. Parties must update Form E if their financial position changes while proceedings are ongoing.

Step 5: financial dispute resolution and negotiations

After disclosure parties try to negotiate a settlement. They may use solicitors to agree terms or attend mediation collaborative meetings or a round table conference. If negotiations stall the court will usually direct a Financial Dispute Resolution (FDR) hearing before a judge skilled in financial remedy cases.

Step 6: the Financial Dispute Resolution hearing

An FDR hearing offers a realistic chance to settle with judicial guidance but the judge will not give a final binding order. Each party prepares a concise statement of issues and valuation evidence. Many cases settle at FDR because the judge indicates likely outcomes and parties adjust positions accordingly.

Step 7: final hearing if necessary

If the case does not settle the court lists a final hearing. At the final hearing the judge considers evidence on income capital contributions and the welfare of children and applies the statutory factors in the Matrimonial Causes Act 1973. Witness statements expert valuation reports and pension reports play an important role.

Step 8: consent orders and implementation

When parties agree they should record the terms in a consent order and submit it to the court for approval. Once sealed the consent order becomes a binding court order. The order will set out transfer dates lump sum deadlines pension sharing details and other compliance steps.

Practical timings and costs

Timescales vary with complexity. Simple cases may conclude within months complex cases with business assets or pensions can take a year or more. Costs depend on hourly rates and the degree of dispute. Joint instruction of single experts and early negotiation reduce costs and delay.

Conclusion: prepare thoroughly and engage early

Successful financial remedy applications rest on early legal advice full disclosure and realistic negotiation. Using mediation and single experts where possible helps protect funds and reach fair outcomes more quickly.

Summary

– Obtain early legal advice and collect full financial records

– Exchange MIAM information and complete Form E disclosure

– Try mediation and negotiate before costly hearings

– Attend an FDR hearing to test positions with judicial input

– Record agreements as a sealed consent order to make them binding

Alexander JLO Solicitors are well aware that going through divorce can be very difficult. Whilst the implementation of no-fault divorce back in 2022 has made the legal process much simpler, there are times, especially in relation to financial matters, when input from an experienced solicitor is vital.

With that in mind we have developed a revolutionary new service which will ascertain whether or not it’s wise to have legal advice on finances when going through divorce. Simply called Form Easy it will assess your level and type of assets and determine if you qualify for a free, no-obligation consultation to discuss your case with us and decide on the best ways forward for you. Simply click the Form Easy button, or visit the page here, answer a few short questions and we will let you have our input on whether we can help. 

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Peter Johnson on 1st December 2025 and is correct at the time of going to press. With over forty years of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here.

To follow up on any of the above please contact Guy Wilton of our family department. Guy has wide experience of acting for the firm’s clients, their family and their businesses. Guy’s experience as a lawyer started in the Northern and Welsh Circuits, including the Liverpool Courts, where he represented numerous clients after being called to the Bar, before opting to join Alexander JLO in 2017 and qualifying as a solicitor in 2024. He is a highly experienced family lawyer with a particular interest in financial remedy proceedings and child contact disputes.

Guy’s profile on the independent Review Solicitor website can be viewed here.