Express Financial Remedy Pilot - A New Pilot Scheme for resolving financial claims in the event of a divorce
If you're navigating a divorce and trying to resolve financial matters with your ex-partner, you may have heard of the new Express Financial Remedy Pilot. Designed to streamline and speed up court proceedings, this pilot scheme is a welcome change for divorcing couples with modest assets who want to finalise the financial arrangements swiftly. In this blog, we explain what the Express Financial Remedy pilot involves, who it applies to, and how it could help you reach a fair financial settlement more efficiently.
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It remains a common misconception that once you are legally divorced and have received the Final Divorce Order (formerly known as the ‘Decree Absolute’) in the divorce proceedings, that the financial obligations between you and your spouse are resolved and there is no requirement for any further Order to be obtained.
The Final Divorce Order does not sever the financial obligations that exist between you. Even where the financial asset base is finite, a Financial Order is required to formally finalise your respective financial claims that are created upon marriage.
How do I obtain a Financial Order?
A Financial Order can be applied for by ‘consent.’ This arises where you and your spouse have reached an agreement as to the distribution of the assets of the marriage. Whether that be directly, via solicitor-led correspondence and/or any other form of Non-Court Dispute Resolution (NCDR).
If you reach an agreement, you must send the requisite paperwork to the court for formal approval of the terms of the financial agreement which you have reached. To do this you must prepare a Financial Consent Order, Form D81 Statement of Information and, in some cases, a Pension Sharing Annex. These documents are usually drafted by a solicitor as it is vitally important to ensure that the documents are prepared to correctly reflect the agreement reached. It is also extremely important that the documents properly protect the parties from any future claims. Once drafted, approved, and signed by you and your spouse, the paperwork is sent to the court for approval by a Judge. Once approved, the agreement becomes a Financial Order which is legally binding upon you both. This is why it is so important to understand the draft Order before it goes to the court and your Solicitor can help you with this.
Applying to the Court without a Financial Order Agreement
Another way to get a Financial Order, when there is no agreement, is to make an application to the court. Of course, a court application is widely considered to be a ‘last resort’ after all other forms of NCDR have been attempted and exhausted. Court proceedings are notoriously stressful, expensive and time consuming. They can add an extra level of strain for those already navigating through an extremely difficult time in their lives following the breakdown of the marriage and all that goes with it. Especially when children are involved.
If it is not possible to reach an agreement with your former partner directly or via a form of NCDR, an application to the court may be the only means to resolve the division of assets. Separating couples will be interested to know that in recent months, a new pilot scheme in respect of financial remedy applications has been introduced which aims to address some of the issues arising from the existing court process for matrimonial financial disputes. This is called the Express Financial Remedy Pilot.
What is the Express Financial Remedy Pilot
The Express Financial Remedy Pilot came into effect from 7 April 2025. It is designed to resolve applications for financial orders within divorce proceedings much more quickly and efficiently.
The Express Financial Remedy Pilot has been designed to streamline the process of obtaining a Financial Order by reducing the number of hearings. It also imposes tighter timeframes to produce documents and information for the court.
How do I know if I am eligible to apply for an Order under the Express Financial Remedy Pilot?
You may be eligible to use the Express Financial Remedy Pilot if the total combined net assets (excluding liabilities, mortgages, and pension rights) of yourself and your spouse are worth less than £250,000.
What is the Express Financial Remedy Pilot process?
To make an application to the court, you must complete ‘Form A – Notice of Intention to Proceed with an Application for a Financial Provision.’ You must also pay the Court fee which, as at the date of preparing this blog, is £313. However, there are certain circumstances in which this fee can be waived.
Form A asks you to confirm whether, to the best of your knowledge, you believe that your total combined net assets (yours and your spouses) excluding pensions, are less than £250,000.
What are the criteria?
You will be automatically enrolled onto the Pilot if:
- you select ‘yes’ to the question above (regarding the value of the asset base) found on the second page of Form A
- you complete the Form A application between the 7 April 2025 and 3 April 2026
- your case is allocated to a financial remedy court which is participating in the Express Financial Remedy pilot
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What happens next?
Once your application has been issued, the court will send you and your spouse (known as the ‘respondent’) a notice informing you of the date of the first hearing. This will be a ‘Financial Dispute Resolution hearing’ (FDR) and you will be informed about the documents that you are required to send to the court, and the other party, in advance of the hearing.
The FDR hearing
The listing of an FDR hearing as the first hearing marks a stark change to the normal ‘non pilot’ court process, which is usually listed first for a ‘First Appointment Hearing.’ The First Appointment Hearing is administrative in nature and involves the court setting directions for the future conduct of the case. Including, for example, the production of certain documents, expert evidence, etc.
Whereas the FDR hearing provides parties with an opportunity to resolve the dispute and reach a financial settlement via negotiation. Negotiations at the FDR take place on an entirely ‘without prejudice’ basis meaning that any proposals made by you at this hearing will not be disclosed or relied upon at a later stage. This enables parties to negotiate openly and freely.
What happens at the FDR hearing?
In advance of the FDR hearing, the Judge will have read all of the paperwork. After listening to the parties at the FDR hearing, they will provide an indication as to what they consider to be an appropriate outcome if the case were to proceed to the next stage. The next stage is the Final Hearing.
Often, the indication from the Judge helps narrow some (if not all) of the issues in dispute and helps to focus the parties on reaching an overall settlement. If an agreement is reached at the FDR hearing, provided there is sufficient time, a draft order is prepared and the terms are agreed by the parties. This is known as a Consent Order. The order is then presented to the Judge for approval on the same day.
If it is not possible for an agreed Order to be finalised on the day of the FDR, then the parties sign a document called a “head of terms.” This is a summary of the agreement reached. This is later approved by the Judge and made into a final financial Consent Order.
If the FDR does not produce a settlement, then the Judge is likely to list the case for the second and final hearing.
What is the Final Hearing?
The Final Hearing is exactly what it says on the tin – a Final Hearing, which is usually put in the court diary for one day. Although this may be longer depending on the assets and complexities of a case. At the Final Hearing, the Judge will decide the outcome of your financial application and make a final order which formally sets out the decision of the court.
You and your spouse will have the opportunity to explain your case to the court, which is called making submissions to the Judge. If you have legal representation, this will be done by your solicitor or barrister, and you will not be allowed to speak as they will speak for you. You will also be expected to explain the Order that you are seeking. You will each be cross-examined (asked questions) by the other’s legal representative and the Judge. If your spouse does not have representation, they will be asking the questions themselves. This will be followed by closing submissions made by you or your legal representative. This will provide a final opportunity for you and your spouse to put forward your case and make any final arguments.
The Judge will then provide a Judgment, which is usually read out by the Judge on the same day. Alternatively, it may follow in writing (written Judgment) in the days after the Final Hearing. This will be the court’s final decision, which is made after consideration of all the evidence, including that provided at the Final Hearing. After this, it will be made into a Final Order which is legally binding upon you and your spouse.
What are the benefits of the Express Financial Remedy Pilot?
Whilst it is still in its infancy, the Express Financial Remedy Pilot has been implemented to alleviate several problems that individuals typically encounter when making an application to court for financial remedy. It is considered to be a positive step forward.
The Express Financial Remedy Pilot aims to streamline the process by consolidating three hearings into two. In addition, it aims to resolve cases within a six-month period which is a significant reduction to cases which proceed via the standard process. This can take up to 12-18 months to be resolved.
The Express Financial Remedy Pilot focuses on settlement by encouraging parties to reach an agreement at the first court hearing with the assistance of the court. It is therefore a shorter process involving fewer court hearings and hopefully fewer legal costs.
Is my case suitable for the Express Financial Remedy Pilot?
Of course, there will be cases that are not suitable for the Express Financial Remedy Pilot. For example, cases which exceed the asset threshold or although below it may have complexities including, but not limited to, debt, complicated business assets, international elements, or a failure by one party to provide full and frank financial disclosure.
At Winston solicitors we can advise you as to whether your case is suitable for the Express Financial Remedy Pilot.
Can I apply to leave the Express Financial Remedy Pilot?
It is possible to apply to leave the Express Financial Remedy Pilot. You will be required to file an application in Form D11 for permission to have your case removed.
If successful, the court will remove your case from the Express Financial Remedy Pilot and provide you with a revised timetable for your case, including a revised date for the First Hearing.
Contact our Family Law Team to discuss the Express Financial Remedy Pilot
For more information on the Express Financial Remedy Pilot and/or to make an appointment to discuss with one of our expert lawyers, please contact us. We will be happy to help
Call the Family Law Team on 0113 320 5000
Alternatively, you can visit us in person to discuss the Express Financial Remedy Pilot, or any other family law issue at 112 Street Lane, Roundhay, Leeds, LS8 2AL
