In the majority of divorce cases it is common for the husband and wife to have savings, shares, endowment policies, property and perhaps even pensions that are jointly owned by them. Financial remedy describes all the financial orders that the court has the power to make and will therefore involve the allocation of these assets between the two parties. In UK divorce law, financial remedy proceedings are decided separately to the actual divorce.
Although it is preferable for a couple to reach a direct agreement about financial matters, we often find that these disputes are common during divorce proceedings. If a couple are unable to reach a financial settlement it is necessary to ask the Court to decide on an arrangement they think is best. This is known as a financial remedy case.
You can only make an application for financial remedy against a spouse or a former spouse (husband/wife). If you decide to divorce and do not obtain Court Orders dealing with the financial matters and neither party remarries, the claims which each of them have against the other are left open.
The aim of the court is to achieve fairness. When considering what orders should be made, the court will take various matters into account. These matters include:
This list is not exhaustive and each case is individual so please contact our expert divorce solicitors for more advice.
With regards to child maintenance, courts no longer have any powers to make such orders in the majority of cases. In most cases an application to the CMEC has to be made for child maintenance to be assessed.
At Hattons Solicitors we pride ourselves on our expertise and experience. We can advise you of your best options with regards to financial relief proceedings and answer any concerns or questions that you have before deciding to proceed.
We work closely with our clients to keep them informed about their cases and our clients can also access our online file view system to find out where their case is up to at their own convenience.
If you would like more information about financial remedy proceedings then please contact our expert family law team on 0800 298 9690 or fill in the Get in Touch form to the right of this screen.