Financial Remedy / Ancillary Relief
Financial arrangements following divorce or separation can feel difficult, especially where there are disputes about the family home, pensions, savings, debts, businesses or ongoing financial support. Our barristers may be able to assist Direct Access clients with advice, drafting and representation in suitable financial remedy cases. This page provides general information only and is designed to help you understand what support may be available.
How can we help?
I have been asked to attend court
Receiving court papers in a financial case can feel overwhelming, particularly if you are unsure what the hearing is for or what documents are required. Financial remedy cases may involve hearings such as:
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A First Appointment;
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A Financial Dispute Resolution hearing, known as an FDR;
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A final hearing;
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Enforcement hearings;
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Variation applications.
It is helpful to know:
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The date and type of hearing;
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What stage the case has reached;
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What orders have already been made;
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Whether financial disclosure has been exchanged;
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Whether valuations are needed;
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What issues remain in dispute;
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What outcome you are asking the court for.
A barrister can help you understand the process, advise on settlement, and speak on your behalf at court.
I need help dividing assets after divorce
Financial remedy cases often involve deciding how assets should be divided fairly following divorce or civil partnership dissolution. This may include disputes about:
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The family home;
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Savings and investments;
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Pensions;
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Debts and liabilities;
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Business assets;
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Inherited assets;
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Assets owned before the marriage;
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Income and future financial needs;
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Whether one person should pay maintenance to the other.
A barrister may be able to advise you on your position, explain the likely range of outcomes, or represent you at court.
I have been asked to provide financial disclosure
Financial disclosure is a central part of financial remedy cases. Both parties are usually required to provide clear information about their financial circumstances.
This may include:
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Income;
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Bank accounts;
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Savings;
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Pensions;
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Property;
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Mortgages;
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Debts;
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Business interests;
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Benefits;
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Valuables;
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Regular outgoings.
Before contacting chambers, it may help to have:
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Your Form E, if completed;
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The other party’s Form E, if available;
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Recent bank statements;
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Mortgage statements;
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Pension valuations;
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Wage slips or accounts;
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Details of debts;
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Any court orders or directions;
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A short summary of the main financial issues.
A barrister may be able to advise you on what disclosure is needed, whether further questions should be asked, and how the financial evidence may affect your case.
I want to settle without a final hearing
Many financial remedy cases settle before a final hearing. Early advice can help you understand whether a proposal is fair and realistic. This may include help with:
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Negotiations;
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Settlement proposals;
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Consent orders;
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FDR preparation;
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Private FDRs;
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Round-table discussions;
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Advice on the likely court outcome;
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Narrowing the issues in dispute.
A barrister may be able to advise on whether an offer is reasonable, or represent you at an FDR or private FDR.
What can the court do in a financial remedy case?
The court can make a range of financial orders depending on the circumstances.
These may include:
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Sale or transfer of property;
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Lump sum payments;
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Pension sharing orders;
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Spousal maintenance;
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Clean break orders;
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Orders dealing with debts;
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Orders for costs in some circumstances.
The right outcome will depend on the facts of the case, including the parties’ needs, resources, income, earning capacity, housing needs, pensions, standard of living, contributions and the welfare of any children.
FAQ’S
What is Form E?
Form E is a detailed financial statement used in financial remedy proceedings. It asks for information about income, property, savings, pensions, debts, business interests and financial needs. It is important that Form E is completed carefully and honestly, with supporting documents where required. A barrister may be able to advise on the contents of Form E, identify gaps in disclosure, or help you understand the other party’s financial information.
Do I need a consent order if we have agreed everything?
Usually, yes. If you have reached a financial agreement following divorce or dissolution, it is important to have the agreement recorded in a properly drafted consent order and approved by the court.
Without a court order, financial claims may remain open even where you have reached an informal agreement.
What if I think the other person is hiding money?
If you are concerned that the other party has not provided full financial disclosure, you should raise this early. This may involve asking questions about their Form E, requesting further documents, considering bank statements, business records, property ownership, income, debts or transfers of money. A barrister may be able to advise on what further disclosure is reasonable and how the issue should be presented to the court.
Helpful links
GOV.UK — Money and property when you divorce or separate
General guidance on financial arrangements following divorce or separation.
GOV.UK — Apply for a financial order
Information about applying for a financial order in divorce or dissolution proceedings.
Family Mediation Council
Information about mediation and finding a family mediator.
MoneyHelper
Free guidance on money, pensions, budgeting and separation.
Citizens Advice
General advice on separation, debt, benefits and financial issues.
Turn2us
Support for people looking for information about benefits and grants.
StepChange Debt Charity
Free debt advice and support.
Contact our clerks
Every financial case is different. If you require advice about your own circumstances, please contact our clerks to discuss whether your matter may be suitable for Direct Access. It is helpful to include any upcoming hearing date, copies of relevant court orders, and a short summary of the financial issues.