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Financial Settlement & Remedy

Contested Financial Remedy Proceedings

When a divorcing couple cannot agree how to divide their money, property and pensions, either of them can ask the court to decide, through financial remedy proceedings. These proceedings run separately from the divorce itself. A judge sets a timetable, both of you give full financial disclosure, and the case moves through a series of hearings, most of which end in a settlement rather than a trial. It can feel daunting, but the structure is clear, and the great majority of cases are resolved before a final hearing. We guide you through every stage, present your case at its strongest, and work to settle on fair terms as early as possible, while being ready for a final hearing if that is what it takes.

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What are financial remedy proceedings?

Financial remedy proceedings are the court process for deciding how a divorcing couple's money, property and pensions are divided when they cannot agree. They run separately from the divorce itself. A judge sets a timetable, both of you give full financial disclosure, and the case moves through hearings designed to help you settle, with a final hearing only if no agreement is reached.

Going to court is a last resort, not a first step. If you can agree, the better route is to record your settlement in a consent order, which is far quicker and cheaper. Proceedings are for when agreement is not possible, perhaps because your former spouse will not disclose their finances, will not negotiate, or you are simply too far apart.

Importantly, even once proceedings have started, the door to settling stays open. The whole process is built to encourage agreement, and most couples reach one along the way. The court only imposes a decision at a final hearing if everything else has failed.

When you might need financial remedy proceedings

Proceedings tend to be the right step in the situations below.

  • Your former spouse will not provide full and honest details of their finances, so you cannot negotiate fairly.
  • You have tried to agree, through solicitors or mediation, but you remain too far apart on the key issues.
  • There are complex assets, such as a business, several properties or significant pensions, that need proper valuation.
  • You are worried your former spouse may try to hide, move or spend assets before a settlement is reached.

The stages of financial remedy proceedings

Proceedings follow a set path with three main hearings. These are the stages from start to finish.

1. Mediation, then the application

Before applying, you usually have to attend a mediation information meeting, unless an exemption such as domestic abuse applies. If court is still needed, the application starts on Form A, with the £321 court fee.

2. Financial disclosure and the First Appointment

Both of you complete a detailed financial statement, Form E, with full and honest disclosure under a statement of truth. At the First Appointment, the judge identifies the issues and decides what further evidence, such as valuations or a pension report, is needed.

3. The financial dispute resolution hearing

At the FDR, the judge gives an honest, without prejudice view of the likely outcome to help you settle. This is where most cases are resolved. Anything said is confidential and cannot be used later if the case does not settle.

4. The final hearing

If you still cannot agree, a different judge hears evidence from both of you at a final hearing and decides how the finances are divided. The decision is set out in a binding financial remedy order. Few cases reach this stage.

In financial remedy proceedings each person usually pays their own legal costs, but the court can order one of you to pay the other's costs if you behave unreasonably, hide assets, or refuse to negotiate or consider mediation. There is also a remarriage trap to be aware of: if you remarry before applying, you can lose the right to make a financial claim. The £321 fee and the stages above are correct as at 24 August 2026, and court procedures are being streamlined for lower-value cases, so please confirm the current position with us. This page is a general guide, not legal advice on your case.

The financial dispute resolution (FDR) hearing

The financial dispute resolution hearing is the most important stage in most cases, and the one where the dispute is usually resolved. It is worth understanding on its own.

By the time of the FDR, both of you have disclosed your finances and any valuations or pension reports are in. Shortly before the hearing, each of you puts forward a without prejudice offer to settle. At the hearing, the judge reads the offers and the evidence and gives an indication, which is their honest view of what a court would be likely to order at a final hearing.

That indication is powerful, because it comes from a judge but carries no penalty. It gives both of you a realistic benchmark and a strong push to settle. If you reach agreement, it is recorded in a consent order on the day or soon after. The FDR judge takes no further part in the case, so nothing said at the FDR is held against you if the case does not settle and goes to a final hearing before a different judge.

What the court takes into account

There is no fixed formula. The court weighs all the circumstances under section 25 of the Matrimonial Causes Act 1973, with the welfare of any children as the first consideration. The main factors are below.

  • The income, earning capacity, property and other financial resources each of you has or is likely to have.
  • The financial needs, obligations and responsibilities of each of you, including housing the children.
  • The standard of living during the marriage, the ages of each of you, and how long the marriage lasted.
  • The contributions each of you made, including caring for the home and family, and any disabilities. The starting point for matrimonial assets is often an equal split, adjusted to meet needs.

How we help

Our family solicitors guide you through financial remedy proceedings, always pressing for a fair settlement at the earliest sensible point.

  1. 1

    Trying to settle before court

    We first explore whether a settlement is possible through negotiation or mediation, because that is faster, cheaper and less stressful. We only advise proceedings when they are genuinely the right step.

  2. 2

    Disclosure and building your case

    We prepare your Form E, press for full disclosure from the other side, and arrange the valuations and reports your case needs, so the true financial picture is clear and nothing is hidden.

  3. 3

    Representation at every hearing

    We represent you at the First Appointment and the FDR, and instruct a barrister where that helps, presenting strong, realistic proposals so you have the best chance of settling on fair terms.

  4. 4

    Final hearing if it comes to it

    If your case does not settle, we prepare it thoroughly and represent you at the final hearing, then turn the judge's decision into a binding order, so the outcome is properly secured.

What is included in our service

  • Advice on whether proceedings are the right step for you
  • Preparing your application and your Form E disclosure
  • Pressing for full disclosure and arranging valuations and reports
  • Representation at the First Appointment and the FDR
  • Negotiating and drafting a settlement and consent order
  • Preparation and representation at a final hearing if needed

Because contested cases vary so much in length, we are clear and realistic with you about costs from the start, and we often work in stages so you stay in control of what you spend. Legal Aid for divorce finances is limited, and is generally available only where there is evidence of domestic abuse or a risk of harm to a child, subject to a means and merits test. Legal Aid for family mediation is more widely available and can help you settle without court. We set out our fees clearly and in writing before any work begins, and there is no charge for an initial phone consultation to talk things through.

Common questions

Financial remedy proceedings are the court process for deciding how a divorcing couple's money, property and pensions are divided when they cannot agree. They run separately from the divorce, move through a set series of hearings, and end either in a settlement, which most do, or in a binding decision by a judge at a final hearing.

The FDR is a without prejudice hearing where the judge gives an honest view of the likely outcome to help you settle. It is the stage where most cases are resolved. Anything said is confidential and cannot be used later, and the FDR judge takes no further part if the case goes to a final hearing.

Most cases take around six to twelve months from start to finish. Straightforward cases where both people cooperate can be quicker, while complex cases involving businesses, several properties or disputed valuations can take longer. Settling early, often at the FDR, is usually the fastest and least expensive way to finish.

The court fee to start proceedings on Form A is £321, and Help with Fees may reduce or remove it if you are on a low income. Legal costs on top depend heavily on whether the case settles early or runs to a final hearing, which is why we are realistic with you about cost from the outset.

Yes, and most couples do. The whole process is designed to encourage agreement, especially at the FDR. You can settle at any point, and your agreement is then recorded in a binding consent order. A final hearing, where a judge imposes a decision, only happens if every attempt to agree has failed.

The court weighs all the circumstances under section 25 of the Matrimonial Causes Act 1973, with the welfare of any children first. It looks at each person's needs, resources, earning capacity and contributions, the length of the marriage and the standard of living. Matrimonial assets often start from an equal split, adjusted to meet needs.

Usually yes. Before applying to court you normally have to attend a mediation information and assessment meeting, unless an exemption applies, for example where there has been domestic abuse. The courts increasingly expect couples to consider non-court options, and refusing to do so without good reason can affect costs.

Last updated: June 2026.