Financial Orders & Consent Orders
Financial settlements on divorce, including consent orders and FDR.
Sorting out the financial aspects of your separation is one of the most important — and most complex — parts of the divorce process. Without a court order dealing with finances, either party may be able to make financial claims against the other in the future, even years after the divorce. BW Solicitors advises clients across Ilford and London on all aspects of financial remedy proceedings and consent orders, ensuring your financial future is properly protected.
Important Notice
What Is a Financial Remedy Order?
A financial remedy order is a court order that deals with the division of assets, property, pensions and income between separating spouses or civil partners. The court has wide powers to make orders, including orders for the sale or transfer of property, pension sharing or pension attachment orders, lump sum orders, and maintenance orders. The court applies the factors set out in Section 25 of the Matrimonial Causes Act 1973 when deciding what order to make, considering matters such as the parties' income, earning capacity, financial needs, standard of living, age, contributions and conduct.
- Property adjustment orders — transfer or sale of the family home
- Pension sharing orders — splitting pension assets between the parties
- Pension attachment orders
- Lump sum orders
- Periodical payments (maintenance) orders
- Clean break orders — severing all future financial ties
- Variation of existing orders where circumstances have changed
Consent Orders — Formalising Your Agreement
If you and your spouse have reached agreement on the financial aspects of your separation, it is essential to have that agreement recorded in a consent order approved by the court. Without a consent order, any informal agreement you reach is not legally binding and cannot be enforced. A consent order, once approved by the court, is final and binding — providing both parties with certainty and protection for the future.
- Drafting consent orders for financial settlements
- Advice on whether a proposed settlement is fair and reasonable
- Clean break consent orders
- Maintenance agreements
- Advice on pension sharing as part of the settlement
Financial Remedy Proceedings
Where agreement cannot be reached, either party can apply to the court for a financial remedy order. Proceedings begin with a Form A application and progress through a series of hearings — the First Appointment, the Financial Dispute Resolution (FDR) hearing, and if necessary a Final Hearing at which the judge makes an order. Our solicitors will guide you through every stage of the proceedings, advising on strategy, preparing the necessary documentation and representing you at court.
Why Choose BW Solicitors?
Financial remedy cases require both legal expertise and strategic thinking. Our solicitors will give you a clear, realistic assessment of the outcome you can expect, help you negotiate the best possible settlement, and represent you effectively if the matter proceeds to a contested hearing. We serve clients across Ilford, East London and Greater London.