Money · Guide

How the financial remedy process works after divorce or dissolution

A financial remedy case is how the family court decides money, property and pensions when a marriage or civil partnership ends. The usual route is a MIAM, then Form A, then up to three court stages. These are a first appointment, an FDR appointment and, without agreement, a final hearing.

  • Starting a case
  • Responding to a case

How long it takes, and what it would cost

On your own
Several evenings of reading
With Wren
About 15 minutes
Solicitor to get started
£250 to £4901 to 2 hours

Times and hours are Wren’s estimates for a typical case, not quotes. Solicitor costs are those hours at £247 an hour, the courts’ guideline rate for a solicitor with over four years’ experience, outside London (GOV.UK, Solicitors' guideline hourly rates (in effect from 1 January 2026)). The guideline runs from £200 to £295 an hour outside London depending on experience, firms set their own rates, and VAT is added on top.

What a financial remedy case is

When you divorce or end a civil partnership, you and your ex-partner need to agree how to separate your finances. This can include pensions, property, savings, investments and maintenance.

If you agree, you can ask the court to make your agreement legally binding with a consent order. If you cannot agree, you can ask the court to make a financial order. GOV.UK calls this the contested route.

The rules say a financial order application may be made in the divorce or dissolution application, or at any time after it. GOV.UK says the court typically cannot make a financial order before the conditional order. The order only takes effect after the final order.

Before you apply

The courts expect everyone to follow the Pre-application Protocol, even without a lawyer. This usually means attending a MIAM (a meeting about mediation) and trying non-court dispute resolution. It also means giving full financial disclosure and making reasonable proposals.

Non-court dispute resolution includes mediation, arbitration, a private FDR and the collaborative process. Pre-application disclosure should use Form E as the format.

There are MIAM exemptions, for example where there has been domestic abuse. You do not need a MIAM to apply for a consent order. If the court thinks the protocol was ignored, it may delay the timetable and take it into account on costs.

  1. Attend a MIAM, or check whether an exemption applies.
  2. Try mediation or another form of non-court dispute resolution where it is safe.
  3. Exchange financial information, using Form E as the format.
  4. Put your proposals in writing.

Starting the case with Form A

The application for a financial order is made on Form A. Form A1 is used instead for some narrower applications, such as periodical payments only.

The court fee for a Form A that is not by consent is £321. You can apply for help with fees.

Form A guidance says a contested paper application goes to the financial remedy court most local to you. If you want to keep your address confidential, you leave it off the form and file Form C8.

Form A also asks whether you believe the couple's combined net assets, excluding pensions, are under £250,000. In some pilot court areas, that answer can put the case into the express procedure.

The three court stages

GOV.UK describes three stages: the first appointment, the FDR appointment and the final hearing.

When the application is issued, the court fixes the first appointment. The rules say this is not less than 12 and not more than 16 weeks after filing. Each person must file a Form E financial statement at least 35 days before it.

At the first appointment the judge sets out the issues and gives directions. The judge must normally refer the case to an FDR, a meeting where the judge helps you negotiate. If you still cannot agree, a different judge decides at a final hearing.

The express pilot

Some courts are running an express procedure pilot. It covers Form A applications filed from 7 April 2025 to 2 April 2027 in listed pilot courts. Combined net assets must be under £250,000.

In express cases the court fixes both dates at the start. The first hearing is 16 to 20 weeks after issue and the final hearing is 26 to 30 weeks after issue. The first hearing is used as an FDR.

Costs

The general rule in financial remedy cases is that the court does not order one person to pay the other's legal costs.

The court can depart from that rule because of a party's conduct. It looks at things like failing to attend a MIAM without good reason, not following rules or orders, and open offers made. Each person must file a Form H costs estimate before every hearing.

If you are worried about your safety

If you are in danger, call 999 in an emergency. You can ask the court to keep your address and contact details from the other party using Form C8.

Where domestic abuse is alleged and oral evidence may be given, the court may send forms EX740 or EX741. These help the court decide whether to stop one party questioning the other in person.

Key dates

  1. On issueThe court fixes the first appointment, not less than 12 and not more than 16 weeks after filing.Source: r 9.12(1)(a) (external source, opens in a new tab)
  2. Within 4 days of filingThe court serves Form A on the respondent and tells both parties the first appointment date, unless the applicant chose to serve.Source: r 9.12(1)(b) (external source, opens in a new tab)
  3. Within 7 days of notice of the first appointmentEach person with a pension asks each pension arrangement for a valuation.Source: r 9.30(1),(2),(4) (external source, opens in a new tab)
  4. At least 35 days before the first appointmentBoth parties exchange and file Form E at the same time.Source: r 9.14(1) (external source, opens in a new tab)
  5. At least 14 days before the first appointmentBoth parties file and serve a statement of issues, a chronology, a questionnaire and Form G.Source: r 9.14(5)(a) (external source, opens in a new tab)
  6. At least 7 days before the first appointmentEach party files and serves Form FM5 on non-court dispute resolution.Source: para 10B(a), 10C(a) (external source, opens in a new tab)
  7. Within 21 days after an FDR that does not settleEach party files and serves an open proposal for settlement, unless the court sets another date.Source: r 9.27A(1) (external source, opens in a new tab)

Get organised with Wren Family

You still run your own case, with help at every step. Wren Family turns long official forms into short, plain-English questions, guides you through each hearing, helps you write statements in your own words, and keeps your dates, papers and orders in one place. Nothing is sent to the court for you.

Get started

Free for 14 days, no card. Then £19.99 a month, with your money back within 14 days if it’s not right.

Common questions

How long does a financial remedy case take?

The first appointment is fixed 12 to 16 weeks after filing. GOV.UK says there can be several months between later appointments. The total depends on how many FDR appointments are needed and whether there is a final hearing.

Do I need a MIAM before applying for a financial order?

Usually yes. The rules require a MIAM before a Form A application unless an exemption applies, such as domestic abuse. There is no MIAM requirement for a consent order application.

How much does it cost to apply for a financial order?

The court fee for a Form A not made by consent is £321. A consent order application is £62. You may be able to get help with fees.

Can I apply for a financial order before my divorce is final?

Yes. You can apply with the divorce application or at any time after. GOV.UK says it is usually simpler after the conditional order and before the final order, particularly where pensions are involved.

Will I have to pay my ex-partner's legal costs?

The general rule is no costs order between the parties. The court can make one if a party's conduct justifies it, for example ignoring rules or refusing to negotiate reasonably.

Where these facts come from

These are the official rules and pages this page is based on. They are listed so you can check a detail for yourself; you do not need them to use Wren. They are outside Wren and open in a new tab.

Last checked against its sources on . How we check our pages.