Financial Remedy Guide:

Securing Your Financial Future After Separation

Introduction

When a marriage or civil partnership ends, dividing finances can be one of the most complex and emotionally charged aspects of the process. From property and pensions to debts and savings, ensuring a fair and lasting financial settlement is essential.

This is where a Financial Remedy comes in—an application to the Family Court to resolve financial matters if an agreement cannot be reached privately. Whether you're seeking a court order or exploring alternative solutions, a McKenzie Friend can help you stay informed, organised, and in control—without the high cost of a solicitor.

What Is a Financial Remedy?

A Financial Remedy refers to the process of settling financial matters after divorce or the end of a civil partnership. It covers:

  • Division of property (e.g. family home)

  • Savings and investments

  • Pensions

  • Income and maintenance payments (spousal or child)

  • Debts and liabilities

  • Business interests

This process may result in a Financial Remedy Order—a legally binding court order that outlines who gets what and when.

Ways to Reach a Financial Settlement

1. Private Agreement

Many couples resolve finances amicably through direct discussion or mediation. Once agreed, a consent order can be submitted to the court for approval. This makes the agreement legally binding without the need for a hearing.

A McKenzie Friend can help draft your consent order and prepare the supporting paperwork, including Form D81 (Statement of Information for a Consent Order).

2. Mediation

A neutral mediator helps both parties explore options and reach fair terms. If successful, the agreement is then converted into a consent order.

3. Financial Remedy Proceedings

If no agreement is possible, either party can apply for a Financial Remedy through the court. This may involve several hearings and the exchange of financial disclosure documents.

The Court Process: Step by Step

  1. Form A Application – To start proceedings

  2. First Directions Appointment (FDA) – Sets the timetable and identifies issues

  3. Financial Disclosure – Exchange of Form E and supporting evidence

  4. Financial Dispute Resolution (FDR) Hearing – A judge helps parties negotiate

  5. Final Hearing – A judge makes a binding decision if no agreement is reached

Throughout this process, full and honest financial disclosure is mandatory.

What the Court Considers

Under Section 25 of the Matrimonial Causes Act 1973, the court considers:

  • The needs of any children

  • Length of the marriage

  • Standard of living during the marriage

  • Earning capacity and financial needs of both parties

  • Contributions made (financial and non-financial)

  • Age and health

  • Any disabilities or special needs

  • Future financial obligations

The goal is to achieve fairness, not necessarily a 50/50 split. In many cases, one party may receive a greater share to meet housing or childcare needs.

Types of Financial Orders

  • Lump Sum Order – A one-off payment

  • Property Adjustment Order – Transfer or sale of a home or asset

  • Pension Sharing Order – Division of pension benefits

  • Spousal Maintenance Order – Regular payments to a former partner

  • Clean Break Order – Ends all future financial claims between spouses

How a McKenzie Friend Can Help

If you're representing yourself (a “litigant in person”), a McKenzie Friend can assist with:

  • Preparing and reviewing your Form A and Form E

  • Helping gather financial disclosure evidence

  • Drafting position statements and chronologies

  • Supporting you at court hearings

  • Offering clear, plain-English advice throughout the process

  • Helping you negotiate a fair settlement

We provide practical and emotional support so you can stay calm, prepared, and focused—without the high cost of traditional legal representation.

Common Challenges We Assist With

  • Disputes over ownership of the family home

  • Pension valuation and division

  • Hiding or non-disclosure of assets

  • Debts and liabilities acquired during marriage

  • Cases involving business assets or self-employed income

  • Clean break arrangements vs ongoing maintenance

Financial Remedy vs Consent Order: What’s the Difference?

Aspect Financial Remedy Order Consent Order

How it's reached Court decides after a hearing Agreed privately, then approved by court

Cost and time More costly, longer process Quicker and more affordable

Flexibility Imposed by judge Negotiated between parties

When used When no agreement is possible When parties agree but want it legal

Conclusion

Securing a fair financial settlement is vital for rebuilding your life after separation. Whether you're seeking a clean break or ongoing financial support, understanding your rights and options is the first step.

With the support of a skilled McKenzie Friend, you can handle the process with confidence—armed with clear advice, reliable documentation, and affordable, one-on-one assistance.

📞 Need help with a financial settlement?

Contact us today to book a free consultation. We’re here to help you secure what’s fair and move forward with peace of mind.