I have a Financial Remedy Order- what happens next?

A financial remedy order sets out the terms of a financial settlement in divorce proceedings.

Negotiation, Mediation, and Court Proceedings

An agreement may have been reached through negotiation, by attendance at mediation or following court proceedings. However, obtaining the final financial remedy order is not necessarily the end of the process.

Implementation of the Financial Remedy Order

The Order will set out details of what will happen to financial assets. There will be obligations on both parties. This might be to sell a property, to share a pension or it might be to pay a lump sum.

The terms of the Order need to be implemented.

In the majority of cases the Order is implemented without any problems. However, there is the risk that one party may stop engaging, delays responding or refuses to comply.

Firstly the financial remedy order should be drafted with as much detail as possible. This may be agreeing the choice of estate agent and conveyancer in advance. It may be setting out who is to serve the order on a pension provider and to provide clear timescales for any payments to be made.

Enforcement proceedings are a further set of family court proceedings where the Court is asked to enforce the terms of the original order by adding additional provisions to ensure compliance. If the application is successful the party who has failed to comply could also be subject to a costs order.

The original order can be varied. One party may be given sole conduct of a sale or the person in occupation of a property may be required to move out known as vacant possession.

Seeking legal advice

This is a complex process and it is important to seek legal advice as early as possible. If you require advice and assistance then please do not hesitate to contact the Family Law Team at Browell Smith & Co.

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