Where a divorcing couple cannot agree on how their assets should be divided, they can usually apply to the Family Court and commence financial remedy proceedings.
Essentially, financial remedy proceedings involve the parties declaring their financial position to each other in a document known as Form E, and then asking the court to decide what a fair division of their assets is. The parties are usually free to end the proceedings at any time by agreement.
The key to success in such cases is a careful and forensic analysis of the history of the parties’ relationship and their financial circumstances. As family law barristers, we are specialist family lawyers who are experienced in analysing cases in this way.
Proceedings start with a first hearing (also known as an FDA), then proceed to a financial dispute resolution hearing ( also known as an FDR), and end with a final hearing in the family court.
Ultimately, the court will make a decision about the division of assets based on a range of well-established considerations set out in section 25 of the Matrimonial Causes Act 1973, including: the welfare of any children, the length of the marriage, the parties’ contributions to the marriage, and the parties’ resources and financial needs.
For a more detailed overview of the financial remedies process in the family court, see our article here.
Demstone Chambers barristers are specialist family lawyers in Milton Keynes, London, and Birmingham. We specialise in all areas of financial remedy proceedings. We regularly represent clients in all areas of such work, including advising on strategy and settlement, drafting position statements, and attendance at family court hearings.