"Money Matters: How to Secure a Financial Remedy Order in Divorce."

One of the most difficult aspects of any separation or divorce is the unravelling of the financial lives of the individuals involved. If you are going through a divorce, you should take steps to put a Financial Remedy Order in place.

What is a Financial Remedy Order?

A Financial Remedy Order is a court order that sets out how your finances will be divided after divorce. It can cover things like property, pensions, and debts. A Financial Remedy Order is not automatically granted with a divorce. You must apply for one separately, as technically it is a separate application to the divorce.

Why do I need a Financial Remedy Order?

Even if you and your ex-spouse agree on how to divide your finances, it is strongly advised that you get a Financial Remedy Order. This is because things can change in the future. For example, your ex-spouse may get a new job or lose their job. They may also get married again or have more children. If you don't have a Financial Remedy Order, your ex-spouse could come back to you and ask for more money or change their mind about transferring a property.

How do I get a Financial Remedy Order?

You will need to instruct a lawyer to prepare a Consent Order (Financial Remedy Order that you are both consenting to). Once you have both signed the order and completed a statement about your respective financial situations, (details of your income, assets and debts), the papers can be sent to the court for the judge to consider. Having an experienced family lawyer do this for you will save you a lot of time and money by ensuring that these forms are completed correctly to minimise the chances of the order being rejected by the Court.

What happens if my ex-spouse doesn't agree to a financial order?

If your ex-spouse doesn't agree to a financial order, you can ask the court to make one for you. This is called a contested Financial Remedy Order. A contested Financial Remedy Order is more expensive and takes longer to get than a consent order. This is because it could take several hearings, and a significant amount of work and correspondence between solicitors, before the Court can decide how to divide your matrimonial assets and issue a Final Order.

What are the costs of getting a financial order?

The costs of getting a financial order vary depending on whether you get a consent order - where both parties agree on the terms of the Financial Remedy Order - or a contested Financial Remedy Order. A consent order is usually less expensive than a contested Financial Remedy Order. The costs of getting a Financial Remedy Order also vary depending on the complexity of your case.

What are the benefits of getting a financial order?

• It provides certainty and peace of mind.
• It can help to avoid conflict in the future.
• It can help to protect your assets.
• It can help to ensure that your children are properly provided for.

Going through a divorce can be a difficult time. It is important that all aspects are considered including how the financial aspects of your lives are unravelled. As family law solicitors, we understand the complexities of Financial Remedy Orders. We offer a variety of fixed fees in relation to consent order and details of these can be found on our website by clicking the “Prices” menu above. If you would like to ensure that your divorce is complete and includes the financial aspects of your future, please contact us on 0333 920 5911 and talk to one of our team who can help you with your application.

Our family law experts can provide advice on all aspects of divorce and separation. For further information about how we might be able to help you, please click here: www.familylawconsultants.co.uk and use the call back request form on the right hand side of this page to request a call from us.

Written by Joanne Bennett