Financial remedy meaning

STOP PRESS: The Financial Remedies Guide 2026 Published on 13 March 2026 by Mr Justice Peel and His Honour Judge Hess, and approved by the President of the Family Division, the Guide replaces and supersedes: efficiency statement for High Court judge cases (1 February 2016) efficiency statement below High Court judge level (11 January 2022) Financial Remedies Court Primary Principles (11 January 2022) Notice: electronic bundles (19 April 2022) Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated accordingly. The flowchart maps the steps when the accelerated first appointment procedure is available in the Financial Remedies Court within the Family Court. For practical guidance—including overviews, Practice Notes, precedents, guides, legislation, forms and further reading—see Financial provision—practice and procedure—overview or the related documents on the right-hand side of the flowchart; for all Lexis+ UK family flowcharts see Index of family flowcharts; for the accelerated route, see Accelerated first appointment...

STOP PRESS: The Financial Remedies Guide 2026, issued on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, replaces and supersedes the following: Statement on the efficient handling of financial remedy cases assigned to a High Court judge, whether sitting at the Royal Courts of Justice or in any other venue (1 February 2016) (the High Court judge level efficiency statement) Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) Financial Remedies Court Primary Principles document (11 January 2022) Notice from the Financial Remedies Court on electronic bundles (19 April 2022) Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...

STOP PRESS: The Financial Remedies Guide 2026, released on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, now replaces and supersedes: the Statement on the efficient conduct of financial remedy cases assigned to a High Court judge, whether heard at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...

DDR v BDR [2024] EWFC 278 What are the practical implications of this case? As well as offering a highly accessible distillation and application of the principles governing disputes over property between a sole legal proprietor and a non-legal claimant asserting a beneficial interest, this judgment underlines the truly basic distinction between the court’s declaratory function in property matters and its redistributive powers under the Matrimonial Causes Act 1973 (MCA 1973). It also offers a template for the clear, targeted presentation of financial remedy applications. Where questions arise about the scope of a party’s bankruptcy estate, the approach must be equally disciplined. Its structured reasoning demonstrates how to keep such issues sharply defined and tightly analysed throughout the conduct of the application, from start to finish. The judge’s careful, methodical analysis should not mask the 'somewhat unfocused and unproductive' progression of the litigation for a substantial period, a consequence in large measure of both parties acting in person for most of the case. Happily, at a comparatively late juncture,...

In this issue: Wills Probate Trusts UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Contentious trusts and estates Scotland, Wales and Northern Ireland International Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Wills No line of sight—due execution and presence In the Estate of Kathleen Coady, District Judge Chloë Phillips delivered judgment in Coady v Coady PT-2023-BHM-000025 (Business & Property Courts in Birmingham (Probate)), addressing as a preliminary question whether a coronavirus (COVID-19) era ‘garden signing’ met section 9 of the Wills Act 1837. The court concluded it did not, rendering the 25 April 2020 Will invalid. Written by Charlotte John of Gatehouse Chambers. See News Analysis: No line of sight—due execution and presence In the Estate of Kathleen Coady. Probate...

In this issue: Practice and procedure Relationship breakdown Financial provision Private children Public children International children LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content Useful information Practice and procedure Master of the Rolls announces update to solicitors’ guideline hourly rates An update to solicitors’ guideline hourly rates has been confirmed by the Master of the Rolls. These figures are used for the summary assessment of court costs in England and Wales. The revision sets new amounts across all grades (A to D) and geographical bands, including London 1-3 and National 1-2. Levels vary according to the fee earner’s experience and location, with the highest rate being £566 per hour for Grade A solicitors in London 1. This change ensures the guideline rates reflect present market conditions and support fair cost assessment in legal proceedings. See: LNB News 02/01/2025 32. Relationship breakdown Voidable divorce orders (The Lord Chancellor v...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

Practice Note This Practice Note outlines the courts’ treatment of business assets in financial remedy proceedings, covering matters such as whether those assets might be realised by sale, the circumstances for lifting the corporate veil and the effect of the Supreme Court’s ruling in Prest v Petrodel Resources, as well as the deployment of expert opinion. It further reviews situations in which business assets may, to varying degrees, be classed as non-matrimonial/civil partnership property, and how risk is apportioned between the parties as between assets that are ‘copper-bottomed’ and those that are ‘risk laden’, with reference to Wells sharing. Business interests—whether shareholdings in a limited company, stakes in a partnership or LLP, or the assets of a sole trader—form part of the pool of marital/civil partnership assets alongside other property or investments. Unlike land or buildings, bank balances and portfolio holdings, a business interest is often hard to quantify and typically lacks liquidity. A business interest is not merely an item to be costed by an accountant and inserted...

Service after the issue of a financial application This Practice Note sets out how service should be handled once a financial application engaging the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, has been issued, covering applications for financial orders and financial remedy claims. It reviews the service provisions within FPR 2010, highlights best practice for effecting service, and explains the service of proceedings—whether undertaken by the court or by the applicant—on the respondent and on third parties. It addresses the service requirements for interim financial applications, proceedings under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), and claims brought under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975)...

1 Interest on late payment If a party does not make payment in accordance with this Agreement, the other party may claim, in addition to any sum that ought properly to have been settled, and recover, [ simple OR compound ] interest on that sum (accruing on a daily basis from the final date for payment until the date payment is in fact made, whether before or after judgment). Such interest will be computed at a rate of [ insert figure ]% per annum above the [ insert name of financial institution eg Bank of England ] base rate then prevailing at the time the amount immediately became overdue under this Agreement. [ The parties agree that the provisions of this clause constitute a substantial remedy for the purposes of section 9(1) of the Late Payment of Commercial Debts (Interest) Act 1998. ]...

This note offers general guidance about financial disclosure. Your family lawyer will be able to give specific advice tailored to your circumstances. What is financial disclosure? Financial disclosure means providing your spouse or partner, and the court, with complete information about your personal financial position together with your anticipated needs and resources. It is ordinarily the first step your family lawyer will ask you to take, because they cannot advise you properly on the likely outcome of your matter without a clear understanding of where both you and your spouse/partner stand financially. In financial cases, transparency is crucial whatever route you choose to reach an agreement, whether inside or outside the court system. If you commence court proceedings, the court will require both you and your spouse/partner to complete a detailed financial statement (a form known as Form E) before the first hearing. In out-of-court options such as mediation, collaborative law or arbitration, you will usually be asked to use a similar form or document. Why is...

STOP PRESS: The Financial Remedies Guide 2026 Published on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, the Guide supersedes and replaces: the Statement on the efficient conduct of financial remedy cases assigned to a High Court judge, whether at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles (11 January 2022) the Notice from the Financial Remedies Court concerning electronic bundles (19 April 2022) the Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...

The court holds comprehensive jurisdiction to sanction or decline a financial remedy consent order embodying the parties’ bargain (see section 33A of the Matrimonial Causes Act 1973 (MCA 1973) and the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.26). Yet the court is neither ‘a rubber stamp’ nor a ‘bloodhound’ or ‘forensic ferret’ (see Pounds v Pounds and L v L). Its jurisdiction cannot be excluded. The court undertakes an autonomous and independent evaluation to enable it to discharge and fulfil its statutory duties by reference to the relevant factors set out in the MCA 1973, s 25...

It is commonplace in financial remedy proceedings for a third party to be added to the case, either to advance a claim to a beneficial interest in a property or other asset, or to permit making of an order for sale in relation to that property. In TL v ML, Mostyn J articulated the procedural principles to be applied to such matters...

Form D81: Statement of information for a consent order in relation to a financial remedy It asks for up-to-date capital and income to be set out in a table at section 8. Use Part B for capital not classed as real property; list real property under Part A...