Divorce and financial remedies: reforms and representation

Long-awaited reforms to financial settlement processes and procedures are being piloted this month, with the introduction of three regional Financial Remedies Courts. These courts, which will be part of the Family Court, will deal with all types of financial remedy cases dealt with in the Family Court or Family Division. Their aim is to improve significantly both the application of procedural justice and the delivery of substantive justice in financial remedy cases.

Judicial training will be improved, while a selection of specialist judges and a process of early allocation to the right judge at the right level at the right place will ensure maximum efficiency. The reporting of judgements in small and medium cases by the judges of the FRC will promote transparency and consistency, creating a better predictability of outcome.

As family law specialists, we welcome this pilot, and look forward to seeing the positive effect it has on divorce cases involving financial dispute resolution.

This is because, when it comes to divorce, it’s often the financial matters that can create complications. Cases involving division of estates and parental responsibilities are often complex and require careful planning and adjudication to ensure a fair outcome.

Since 1 April 2013, family law legal aid has been limited to cases which involve domestic abuse. This has caused a rise in cut-price online divorce firms that promise quick, easy and above all, cheap divorces. However, people are discovering that without experienced advice from specialist barristers and solicitors, they’re making errors that can prove extremely costly. They often end up finding out that the cheapest option is not the best option. As Linda Lee, ex-president of the Law Society affirms, “A poorly managed divorce can add cost and time to the divorce process and a great deal of stress.”

Having an initial consultation with an experienced family law barrister can be extremely useful, especially when judgement is clouded by emotions.Our barristers will be able to give you a swift indication of the strengths and weaknesses of your case, help you manage your expectations and give you a clearer idea when negotiating terms. Our barristers can draft documentation, represent you in the courts, should your divorce not reach a settlement, and conduct financial hearings and appeals. Above all, you will receive expert tactical advice that may well save you money and stress in the long term.

If you’re looking to initiate a divorce, make sure you speak to the experts who can help you obtain the best outcome. Contact our friendly, professional clerks today, who will advise you on the suitability of your case.