Financial Remedy Orders After Divorce

What is a financial remedy order?

A financial remedy order is a court order that deals with money and assets following divorce or dissolution. It may cover property, pensions, savings, debts, maintenance, business interests and other financial arrangements.

Some couples agree terms and ask the court to approve a consent order. Others need a financial remedy application where agreement cannot be reached.

When might a financial remedy order be needed?

• You cannot agree how property or savings should be divided.
• One party wants a share of the family home.
• Pensions need to be considered or valued.
• There are debts, business assets or complex finances.
• One person needs ongoing financial support.
• You want a clean break to prevent future financial claims.

What can the court consider?

The court can look at the wider financial picture, including housing needs, income, earning capacity, pension provision, children’s needs, standard of living, age, length of marriage and contributions made by each person.

Financial remedy cases are not just about who owns an asset on paper. The court may consider fairness, needs and the practical position of both parties.

Evidence that may be useful

• Property valuations and mortgage statements.
• Bank statements and savings account details.
• Pension statements and transfer values.
• Income evidence such as payslips, accounts or benefits information.
• Debt records including loans, credit cards and arrears.
• Business accounts or company information, where relevant.
• Details of children, housing needs and monthly outgoings.

How Oakens helps before the next legal step

Oakens handles financial-remedy matters by identifying the assets, income, liabilities, family circumstances and orders relevant to the case.

This case-focused approach helps establish the legal and financial issues and progress the matter through the appropriate specialist pathway.

Frequently asked questions

Is a financial remedy order different from divorce?

Yes. Divorce ends the marriage. A financial remedy order deals with the financial arrangements arising from the separation.

Can we agree finances without going to court?

You may reach agreement, but a court-approved order is usually needed if you want the agreement to be legally binding.

Can my ex make a financial claim later?

Without a properly drafted and approved financial order, future financial claims may remain possible in some circumstances.