Financial remedy court proceedings: A new way to speed the process up?

Every year, thousands of divorcing couples who are unable to agree how their assets should be divided will bring a financial remedy claim in the family court.  A financial remedy order determines how those assets are shared between the couple and can include property, savings and pensions. 

From October to December 2024, there were 11,023 financial remedy applications made across England and Wales. 

Prior to 7 April 2025, there were only two types of application:

• Standard procedure; and
• Fast Track

The standard procedure is generally made up of 5 stages.  These are:-

• Application
• Financial disclosure
• First Appointment
• Financial Dispute Resolution Appointment
• Final Hearing

The standard procedure is often lengthy and can be fraught with delays.  A report in 2021 found that the average time it takes from application to final hearing is around 84 weeks. 

Generally speaking, the fast-track procedure will be used where claims relate to maintenance only.  The fast-track procedure is designed to be more streamlined than the standard procedure.  

In an attempt to improve the workings of the family court and streamline the financial remedy procedure, a new pilot was introduced.  Effective from 7 April 2025, the new express procedure is to be piloted across 33 family courts, including Birmingham, Manchester and York.  The pilot scheme will apply to all applications where the standard procedure would have been appropriate but where the total combined net assets are unlikely to be greater than £250,000 excluding pensions.  It is intended that any application made under the express procedure will see cases listed for final hearing not more than 30 weeks after the date the application was issued.  As with all changes and improvements to the family court system, time will tell if the new pilot will be a successful one. 

Financial remedy proceedings should be a last resort for divorcing couples. Since April 2024, a change in the Family Procedure Rules means that there is even more emphasis on the early resolution of family disputes outside of the court arena.   There are alternative options available that promote a more amicable and conciliatory approach, and which can also avoid entering an already overburdened Court system. Non-Court Dispute Resolution is the collective name for these alternatives, which include collaborative divorce, mediation and arbitration. 

At Thomas Flavell & Sons, our Family team can advise on financial remedy proceedings and offer support to clients who wish to engage in non-court dispute resolution.