The new Express Financial Remedy Procedure is being trialled from 7 April 2025 in selected family courts.
It is designed especially for cases dealing with modest financial claims (net assets of less than £250,000 excluding pensions or Pension Protection Funds).
Perceived benefits of the new pilot scheme are:
- · Quicker Resolution – The new pilot scheme is designed to resolve cases within six months or less, with earlier judicial guidance than in the standard financial remedy process, to minimise delays.
- Emphasis on Early Settlement – The process encourages parties to reach agreements sooner, with stronger judicial involvement from the outset.
- Tighter Case Management – Judges play a more proactive role in ensuring cases stay on track, eliminating unnecessary evidence and delays.
- Reduced Legal Costs – A shorter timeline leads to fewer court hearings and potentially lower legal fees
Do not fall into the trap of thinking that because the asset base is limited, advice from an expert family lawyer is not required.
On all cases, whatever the value of the resources at stake, legal advice is strongly recommended.
Although the assets may be lower in value than some seen by the family court, how they are divided remains of immeasurable importance to the parties involved. The utmost care needs to be taken to ensure a fair and reasonable solution that meets both parties’ needs and requirements, including those of any children.
When the Express Financial Remedy Procedure cannot be used or should be approached with caution:
- When the net capital assets exceed £250,000, the pilot process is not triggered and the standard financial remedy process will apply, see here
- If the case involves pensions, these should be assessed with legal input, so that a decision can be taken about whether they should be valued and/or expert advice obtained about how to share them fairly.
- If the case involves a business or partnership, it may need to be valued and looked at in more detail.
- If the case has an international element, urgent legal advice may be required to secure the most beneficial legal jurisdiction to resolve the dispute.
- If one party is not providing full disclosure, the case may need to revert to a different process via the court’s case management tools.
The full Practice Direction is found here: PRACTICE DIRECTION 36ZH – PILOT SCHEME: EXPRESS FINANCIAL REMEDY PROCEDURE – Justice UK
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Step 1- Completing and Filing a Form A Application Either party starts the Financial Remedy process by formally asking the court to resolve their dispute. Within 7 days of issue the court will: a) Serve a copy of the application upon the respondent b) Give notice for the date of the First AND Final Hearing to both parties |
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Step 2- Disclosure a) No more than 28 days after Form A issue both parties must simultaneously exchange & file Forms E b) No more than 14 days after Form E exchange parties must endeavour to: i. agree property valuations; ii. agree valuations for any other items within Forms E; iii. agree mortgage capacities; iv. file & serve questionnaires (limited to 4 pages) Where valuations cannot be agreed: i. For properties- jointly obtain market appraisals from three estate agents and adopt the average or instruct a Single Joint Expert (SJE) to provide a report. ii. For valuations of other assets- instruct SJE to provide an expert report |
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Step 3- Prepare for First Hearing a) No less than 21 days before parties must file and serve their proposals for settlement (this may be open or on a Without Prejudice basis) b) No less than 14 days before parties must prepare a schedule setting out the issues of which they disagree c) No less than 7 days before parties must file a ES1, ES2 and chronology |
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Step 4- First Hearing A hearing is scheduled within 16–20 weeks of issuing the Form A. This first hearing takes place in a similar format to an FDR under the existing scheme with parties being provided with guidance and encouragement to reach an agreement by the judge If the Court does not make an appropriate consent order the court must give directions including, where appropriate: (a) the filing of further evidence, including up to date information; (b) reducing the time estimate of the final hearing; or (c) removing the case from the express financial remedy procedure. |
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Step 5- Prepare for Final Hearing No more than 7 days after the First Hearing the parties must exchange and file open proposals for settlement |
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Step 6- Final Hearing A one-day final hearing is scheduled to take place 26–30 weeks post the issue of Form A. If a settlement has been reached between the parties in advance of this hearing, it can be vacated if no longer required. A financial order should always be obtained. What is a financial order on divorce and dissolution? | Weightmans |
Pilot scheme locations are currently:
- Barrow in Furness
- Birkenhead
- Birmingham
- Blackburn
- Blackpool
- Bradford
- Carlisle
- Chester
- Crewe
- Darlington
- Durham
- Gateshead
- Harrogate
- Huddersfield
- Lancaster
- Leeds
- Leyland
- Liverpool
- Manchester
- Middlesbrough
- Newcastle Upon Tyne
- North Shields
- Preston
- Reedley
- Scarborough
- Skipton
- South Shields
- St Helens
- Sunderland
- Wakefield
- West Cumbria
- Wigan
- York
