Financial Remedy Proceedings

Financial remedy proceedings are the court process used to resolve financial disputes between married couples who are separating. The court’s primary objective is to reach a fair financial settlement that meets the needs of both parties and any children involved.

In deciding financial remedy cases, the court applies the factors set out in section 25 of the Matrimonial Causes Act 1973, including considerations of income, needs, contributions, and the welfare of children. For a detailed explanation of how the court applies these factors, see our related article: A Guide to Financial Remedy Proceedings

Financial remedy proceedings relate to married couples only. Property disputes between unmarried couples are typically handled through proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (also known as “TOLATA” proceedings).

When are financial remedy proceedings needed

Financial remedy proceedings may be needed where parties cannot reach an agreement on the division of their property.

At the conclusion of these proceedings, the court makes a financial remedy order, which specifies how the property is to be divided.

Areas of Expertise

Our family law barristers have experience across a wide range of financial remedy cases, from straightforward matters to complex disputes involving high-value assets. We are regularly instructed in matters including:

• Property disputes
• Unequal financial contributions
• Financial needs and affordability
• Children’s needs and welfare considerations
• Hidden assets and undeclared income
• Financial misconduct or non-disclosure
• Spousal maintenance
• Division of business assets
• Pension sharing
• Cross-border and jurisdictional issues
• Enforcement and variation of existing orders

We also have significant experience in Children Act proceedings, and can advise where financial remedy and child issues overlap, including child maintenance disputes.

How We Can Help

Our specialist family law barristers can provide full or targeted support depending on your needs, including:

Strategic Advice

• Assessment of your position and prospects
• Guidance on negotiation strategy and settlement options

Drafting Court Documentation

• Assistance with financial disclosure statements (Form E or equivalent)
• Drafting witness statements and supporting evidence

Court Representation

• First Directions Appointment hearings (FDA)
• Financial Dispute Resolution hearings (FDR)
• Maintenance Pending Suit and LSPO hearings
• Final hearings

Why Instruct Demstone Chambers

• Specialist family law barristers with extensive experience in financial remedy proceedings
• Direct access – no solicitor required
• Flexible appointments, including evenings and weekends
• Virtual meetings where needed
• Clear and realistic advice on likely outcomes
• Cost-effective and tailored support

We work on direct access. This means you can instruct our barristers directly without going through a solicitor. This can save time and reduce costs, while still giving you access to specialist support. Find out more about our direct access offering here.

We represent clients in London, Birmingham, Milton Keynes, Northampton, Bedford, Luton, and across the UK.

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