Family Law

Financial Remedy Solicitors in Chester & North Wales

Dividing finances on divorce is often the most consequential part of the process. Getting it right matters not just now, but for your long-term financial security.

01244 757 352Family Law Hub

When a marriage or civil partnership ends, dividing finances is often the most significant — and most consequential — part of the process. Financial remedy covers how property, savings, pensions, business interests and other assets are divided between separating couples. Getting it right matters not just now, but for your long-term financial security.

Martin Dias, PDA Solicitors' Family Law Executive, advises clients across Chester, North Wales and the surrounding area on all aspects of family law services — from reaching an agreed settlement to representing clients through court proceedings where agreement cannot be reached.

What Financial Remedy Covers

Financial remedy can cover:

  • The family home and any other property
  • Savings, investments and bank accounts
  • Pensions — often the most significant asset in a long marriage
  • Business interests and company shares
  • Maintenance payments (periodical payments)
  • Lump sum orders

The aim in most cases is a clean break — a final court order that settles all financial matters between the parties, leaving no ongoing financial ties.

Agreement Isn't Enough Without Proper Disclosure

Many couples come to us having already reached what they believe is a fair agreement. In our experience, what looks like a good deal on the surface can look very different once proper financial investigation has been carried out.

Before any settlement is formalised, both parties are required to provide a full account of all their assets, income, liabilities and pensions through a document known as a Form E. This is not optional — it is a legal requirement, and failure to disclose fully can have serious consequences.

Hidden pension values, undisclosed business assets and undervalued property are more common than many people realise. We regularly see cases where an apparently agreed settlement collapses once the true financial picture emerges — or worse, where a consent order has already been approved on incomplete information.

An agreement reached without full and frank disclosure offers far less protection than you might assume. Courts can set aside orders made on the basis of inadequate disclosure, sometimes many years after the fact. Early, proper advice is the only reliable protection.

How the Process Works

If you and your spouse or civil partner can reach agreement following full financial disclosure, the settlement is formalised through a consent order, which is submitted to the court for approval. This is by far the most cost-effective route and avoids the need for hearings.

Where agreement cannot be reached, the court process follows a structured path:

  • Form E — both parties provide full financial disclosure simultaneously
  • First Appointment (FA) — the court identifies the issues in dispute and sets directions
  • Financial Dispute Resolution (FDR) — a judge-led settlement meeting where the majority of cases are resolved
  • Final Hearing — if the FDR does not resolve matters, a judge makes a final binding order

Before issuing an application, you will usually be required to attend a Mediation Information and Assessment Meeting (MIAM) to consider whether mediation is suitable for your case.

What the Court Considers

If a judge is asked to decide, they will apply the criteria set out in Section 25 of the Matrimonial Causes Act 1973. These include:

  • The income, earning capacity, property and financial resources of each party
  • The financial needs, obligations and responsibilities of each party
  • The standard of living enjoyed during the marriage
  • The age of each party and the length of the marriage
  • Any physical or mental disability
  • Contributions made to the welfare of the family — financial and non-financial, including childcare
  • Conduct, in cases where it would be inequitable to disregard it
  • The value of any pension rights lost as a result of the divorce

The welfare of any children of the family is the court's first consideration.

Fees for Financial Remedy Work

Costs depend on the complexity of your financial situation and how much can be resolved with proper advice and full disclosure. Where both parties cooperate with disclosure and reach an agreement, costs are substantially lower than contested proceedings. However, cases involving pension sharing, business interests or property requiring independent valuation will also incur specialist fees — typically shared between the parties — which can add to overall costs.

Contested financial remedy proceedings are among the most expensive family law matters and can extend over many months. Reaching an informed agreement at the earliest opportunity — with proper disclosure in place — is almost always significantly cheaper, and quicker, than going to court.

Contact Martin to discuss your circumstances and receive a clear estimate of fees.

Funding Your Legal Fees

Own a property? You may not need savings to fund your case.

If you jointly own the matrimonial home, a Sears Tooth agreement allows us to secure our fees against your share of the property — meaning no upfront payment is required. Fees are deducted when the property is sold or transferred. This option is particularly suited to non-working spouses or those with limited income.

Explore all funding options

We do not accept legal aid cases. PDA Law is a private client practice. All family law matters are funded privately — through direct fees, payment plans, or a Sears Tooth agreement where applicable.

Martin Dias, Family Law Executive with almost 30 years experience at PDA Law

Your Family Law Specialist

Martin Dias

Family Law Executive

Divorce · Financial Settlements · Children MattersAlmost 30 Years' ExperienceFinancial Remedy & Pension Sharing Specialist

Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and child arrangements. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.

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Financial Remedy — Frequently Asked Questions

What is a financial remedy order?
A financial remedy order is a court order that formally divides assets between separating spouses or civil partners. It can cover the family home, savings, pensions, maintenance payments and lump sums. Once approved by the court, it is legally binding on both parties. A consent order is a type of financial remedy order made with both parties' agreement — it avoids the need for a contested hearing but still requires court approval.
We've agreed how to divide our assets — do we still need to go to court?
An informal agreement between you and your ex-partner is not legally binding and can be revisited at any point in the future. To be enforceable, a financial settlement must be approved by the court as a consent order. The court will only approve it once it is satisfied that both parties have made full financial disclosure and that the terms are fair in all the circumstances. Without a court order, either party can make future financial claims against the other.
What is Form E and why does it matter?
Form E is the standard financial disclosure document used in court proceedings. Each party completes it separately, disclosing all assets, income, pensions, debts and outgoings in detail. Full and frank completion is a legal obligation. Incomplete or inaccurate disclosure can result in a settlement being set aside — sometimes years after it was made — and in serious cases constitutes contempt of court. Even where a case settles before court proceedings are issued, it is good practice for both parties to exchange financial information in comparable detail.
How are pensions dealt with in a financial settlement?
Pensions are often the largest single asset in a marriage and are frequently underestimated or overlooked during settlement negotiations. There are two main court orders for dealing with pensions: a pension sharing order, which transfers a percentage of one party's pension into a separate fund in the other party's name; and a pension attachment order, which directs pension income or a lump sum to a former spouse when it becomes payable. Which approach is appropriate depends on the types of pension involved, the ages of each party and the overall balance of the settlement. In complex cases, an independent pensions on divorce expert (PODE) report may be required.
What factors does the court consider when deciding how assets are divided?
The court applies the criteria in Section 25 of the Matrimonial Causes Act 1973. These include the income, earning capacity and assets of each party; the financial needs and obligations of each party; the standard of living enjoyed during the marriage; the age of each party and length of the marriage; any physical or mental disability; contributions to the family — financial and non-financial (including childcare and homemaking); and the value of any pension rights lost as a result of the divorce. The welfare of any children of the family is the court's first consideration. There is no automatic 50/50 split — the court aims for a fair outcome based on the full circumstances.
How long does financial remedy take?
An agreed settlement, properly documented and submitted to the court as a consent order, typically takes two to four months from instruction to approval. If court proceedings are necessary, the process from issuing an application to a Financial Dispute Resolution hearing is typically nine to twelve months, depending on the court's availability and the complexity of the case. If the FDR does not resolve matters and a Final Hearing is needed, this adds further time. Starting financial disclosure early is the single most effective way to reduce delays and costs.

Get Advice on How Your Finances Should Be Divided

If you are going through a separation and need advice on how your finances should be divided, early guidance makes a significant difference. Whether you have an outline agreement or are starting from scratch, Martin can ensure any settlement reflects the true financial picture — protecting you now and in the future.

Call 01244 757 352Use our contact form

Contact PDA Solicitors to arrange a consultation with Martin Dias.