financial remedy
Financial Applications
It is important when getting divorced, or when dissolving a civil partnership, to consider the financial issues that arise out of the separation. Most couples try to reach a financial settlement without having to ask the court to determine their financial claims, however, some couples are not able to come to an agreement in relation to their finances and need to make a financial application to the court. Where an application is made the couple will still be encouraged to try and come to a settlement themselves within those proceedings but ultimately a judge will impose an outcome on them if they cannot. Below we set out the court process.
Bankruptcy and financial remedy: where are we now?
Conduct in financial remedy proceedings – is it time for a rethink?
The new concept of economic crime is raising the spectre of “conduct” in financial proceedings, a...
- Members only
Supreme Court analyses proprietary estoppel
Guest v Guest provides some welcome clarification of proprietary estoppel, but no case law can re...
- Members only
Financial Remedy Court contact list
Contact list for your local Financial Remedy Court
- Members only
Guidance note: Instructing experts in applications for a financial order
This guide is intended to assist practitioners in advising clients on when expert evidence is req...
- Members only
Finance digest: Villiers v Villiers [2022] EWCA Civ 772
This case considered s27 of the Matrimonial Causes Act 1973, the correct approach to applications...
- Members only
Change is coming – Costs and transparency in financial remedy proceedings
Do Mostyn J’s remarks on transparency and costs herald wide-ranging changes?
Coercive control and financial remedies: the decision in Traharne v Limb
Is there a risk that the concept of coercive and controlling behaviour could have unintended cons...
- Members only
Financial Remedy Proceedings: Checklist for solicitors and direct access counsel instructed by lay clients whom have previously acted in person
This is a checklist of the main points a solicitor or direct access barrister should bear in mind...
- Members only
New D81 form and Efficiency Statement
Finance Update: New D81 form and Efficiency Statement
The benefits of working with a financial neutral within dispute resolution
I had the pleasure of joining a talk with Ian Hawkins and Steven Hennessy on this topic and the f...
- Members only
Heresy and hindsight
In E v L [2021] EWFC 60 Mostyn J provided helpful new insight into the application of historical ...
- Members only
Notice from the Financial Remedies Court on the Efficiency Statement
FRC notice on the Efficiency Statement
- Members only
Varying or discharging an attachment of earnings order
AEOs can be powerful tools to ensure payment so maintenance, but the exact rules are rigid and ne...
- Members only
A deal’s a deal…
In Derhalli v Derhalli [2021] unexpected developments in the housing market pending sale of the F...
- Members only
Financial provision beyond the grave?
Mostyn J has raised the spectre of a Supreme Court reconsideration of financial claims following ...
- Members only
Improving the effectiveness of FDRs
Family lawyers are always avidly aware that a successful FDR hearing, or at the very least a clea...
- Members only
Thwaite to the rescue?
The rarely used Thwaite jurisdiction offers an important alternative to Barder where a client see...
- Members only
Finance Case Digest: WL v HL [2021] EWFC B10 (5 March 2021) Mr Recorder Allen QC
Practice and procedure – court ordered adjournment to encourage non-court dispute resolution –r3....
- Members only
A broadbrush approach to MPS budgets
In Rattan v Kuwad [2021] EWCA Civ 1 the Court of Appeal signals a move away from forensic analysi...
- Members only
The broad-brush approach
Re Z concerned legal costs funding orders in relation to Schedule 1 and section 8 proceedings, in...
- Members only
Financial Remedy Online Applications – duplicate fees
Firms to recieve refund for duplicate Financial Remedy Service fees
- Members only
Webinar: Pensions – the PAG report almost two years on – what have we learned?
Join Sarah Hoskinson, Partner at Burges Salmon and Philip Way, Partner at Mills & Reeve as they d...
- Members only
Quick tips: Submitting a case using FR portal
HMCTS has updated guidance about submitting a case via the online portal following changes to the...
- Members only
Finance case digest: OG v AG [2020]
This case contained some interesting points on Covid and Brexit-related company valuations, but i...
- Members only
Webinar: Avoiding the pension traps – what to look out for and how to get the best for your client
This session will provide a summary of the Pensions Advisory Group (PAG) report – what to look out for and when to use a Pensions On Divorce Expert (PODE).
Establishing business value and assessing post-separation accrual
In G v T Nicholas Cusworth QC, sitting as Deputy HCJ, considered the basis of company valuation a...
- Members only
MS v FS: fraud and the Family Court
This extraordinary case pushed family proceedings to the limits in more ways than one.
- Members only
New HMCTS online services for financial remedy proceedings
HMCTS has been introducing changes to procedures on financial remedy and divorce.
- Members only
What family lawyers need to know about criminal law: Complainants
Although Corker Binning is a specialist defence firm, we appreciate that family lawyers experienc...
- Members only
What family lawyers need to know about criminal law: Restraint and confiscation
Although outside the jurisdiction of the family court, restraint and confiscation orders make rea...
- Members only
What family lawyers need to know about criminal law: Introduction
As with most areas of contentious law, having to instruct a criminal or family lawyer is seldom a...
- Members only
Top 10 tips to getting started as an IFA specialising in divorce
Steve Hennessy, Phil O'Connor, Fiona Sharp, Tom Farrell and Mike Caffyn discuss the top tips on how to build your career as a financial advisor specialising in divorce.
Improvements to Divorce and Financial Remedy Online Services
A number of improvements have been made to Divorce and Financial Remedy online services recently ...
- Members only
Compensation for relationship-generated disadvantage: RC v JC [2020]
This much talked-about case seemed to re-open the door to compensation claims for loss of career,...
- Members only
Valuing family businesses during the COVID-19 pandemic
This article considers the challenges of dealing with private companies during the coronavirus cr...
- Members only
Video: Finance Update 2020
Resolution's Finance Update offers you a review of significant changes and developments that have...
- Members only
COVID 19 and its impact on matrimonial valuations – West Sussex webinar
This webinar was organised by West Sussex Resolution and was run on 25th June 2020.
- Members only
Finance Update – July 2020
Resolution's Finance Update will offer you a review of significant changes and developments that ...
- Members only
The shape of things to come in Schedule 1
Family Law in Partnership reflections arising from Simon Sugar’s presentation for Resolution, Jan...
- Members only
Financial case digest: CB v KB [2019] EWFC 78 (Fam)
This case highlights a number of issues, including the approach to valuing/ capitalising income s...
- Members only
Covid-19: set aside and Barder events
With so many people’s financial positions likely to change suddenly, what are the chances of sett...
- Members only
Covid-19 and the streamlining of financial remedy proceedings
Changes to the financial remedy courts that had been planned before readers had heard of Covid-19...
- Members only
Deconstructing the marital pot
With the courts increasingly needing to establish historical values, robust accountancy approache...
- Members only
Blood out of a stone
A court-appointed receiver is a fairly draconian step, but is worth considering as one possible s...
- Members only
Podcast: Financial neutrals and the collaborative process
In this podcast, Ian Hawkins, Mary Waring, and Phil O'Connor discuss the many benefits that can b...
- Members only
CGT and separation
Draft legislation has been released which will impact divorcing or separating couples who are dis...
- Members only
Quantification of non-disclosure is not a requirement
Moher v Moher provides a useful round up of how the courts should approach non-disclosure, as wel...
- Members only
No softening of the judges’ FDR rules
Must the judge who was present at the FDR hearing be disqualified from considering those points? ...
- Members only
Family Finance Forum
The Resolution Family Finance Forum is suitable for all practitioners in family law who want to gain a deeper understanding of family law-related financial issues.
Family Finance Forum
The Resolution family finance forum is suitable for all practitioners in family law who want to gain a deeper understanding of family law-related financial issues.
Spousal maintenance and universal credit
Universal credit has been on the cards for what seems like years now, but its malign effects are ...
- Members only
Calderbank consultation: Share your views
Share your views and support our response to the Family Procedure Rules Committee (FPRC) on the functioning of the current costs regime in financial remedy cases.
Child Maintenance changes 2014
Since 25 November 2013, the Child Support Agency (CSA) will no longer accept new child support ca...
- Members only
Guidance Note: Preparing Pre- and Post-Marital Agreements
Marital agreements are becoming an everyday part of many family lawyers’ workload and it is in re...
- Members only
Guidance Note: Dealing With Financial Dispute Resolution Appointments
The procedure for financial dispute resolution appointments (FDRs) is set out in Part 9.17 of the...
- Members only
Hart v Hart: a cautionary tale
The degree of recalcitrance in this case was rare but not unique, and reminds practitioners to ensure clients comply with their obligations, including full and frank disclosure, from the outset
Avoiding pitfalls in family litigation funding
A practitioner’s guide to obtaining external funding in financial remedies cases
- Members only
Family Finance Forum
The Resolution family finance forum is suitable for all practitioners in family law who want to gain a deeper understanding of family law-related financial issues.
Family Finance Forum
The Resolution family finance forum is suitable for all practitioners in family law who want to gain a deeper understanding of family law-related financial issues.
Family Finance Forum
The Resolution family finance forum is suitable for all practitioners in family law who want to gain a deeper understanding of family law-related financial issues.
Finance Update 2019
Listen to the Finance Update presented at Resolution's National Conference 2019 by Grant Howell a...
- Members only
International aspects of pensions
The issues discussed in this section arise when the financial resources of a couple divorcing in ...
- Members only
Trusts
This section summarises various types of trusts and what steps the family solicitor should consid...
- Members only
Financial relief after foreign divorce: Part III of the MFPA 1984
Until future case law clarifies how former civil partners will be treated under the Matrimonial a...
- Members only
Maintenance
When a marriage or civil partnership fails, the courts use their discretion to decide how a family’s finances and property are divided up. This means that they look at all the circumstances of the case but will put the welfare of the children first.
Money and Home
At the beginning of the divorce process, a real concern you may have is what the financial outcome of your split will be. You may well have worries over whether you'll be able to keep the family home or whether your children will have to change schools, how much money you'll have to live on and what the status of your and your partner's pensions may be.
Financial Planning on Divorce and Separation Conference 2019
Be part of a growing community of specialist financial advisers and planners across the UK. Gain a thorough understanding of the opportunities and challenges of being an expert in this field.
Finance Update 2018
This is the Finance Update presented at Resolution's National Conference 2018 in Bristol by Grant...
- Members only
Drafting Committee
The Drafting Committee supports best practice by maintaining a 'gold standard' for financial orders and agreements which is clear and nationally consistent.
Pensions Tax & Financial Remedies Committee
The committee works to educate and inform the membership - and on occasion the wider public - on tax, pensions and financial remedies.
Podcast: Instructing accountant experts
This podcast is presented by James Pirrie (Family Law in Partnership), Kate Hart (Roffe Swayne) and Roger Isaacs (Milstead Langdon).
Find a law professional
Resolution members sign up to our Code of Practice committing to a non-confrontational approach to help you resolve your family issue.
Search to find help in your local area or by profession. If you would like to work with an expert to resolve your issue consider searching for a Resolution Accredited Specialist.
The use of the retail price index (RPI): Evidence submitted to the Economic Affairs Committee
Resolution's written evidence to the Economic Affairs Committee on the implications of abolishing the retail price index.