Streamlining Divorce Finances: How the Express Remedy Pilot Could Affect Your Case
From 7 April 2025 to 3 April 2026, the Family Court system in England and Wales is trialling the Express Financial Remedy Pilot - a fast-track procedure aimed at simplifying and accelerating financial remedy cases involving modest assets.
This pilot applies to contested financial remedy cases where the combined net assets (excluding pensions) are estimated to be £250,000 or less.
In this blog, we’ll discuss what this means:
Key Features of the Pilot
Eligibility Criteria
To qualify for the Express Financial Remedy Procedure, the following must be fulfilled:
Asset Threshold: The combined net assets of both parties must be £250,000 or less, excluding pensions.
Geographical Scope: The case must be filed in one of the designated pilot courts, which include regions such as Cheshire and Merseyside, Greater Manchester, Lancashire and Cumbria, North and West Yorkshire, Cleveland, Newcastle and Durham, and the West Midlands.
Application Period: The Form A application must be filed between 7 April 2025 and 3 April 2026.
Streamlined Procedure
The pilot compresses the traditional three-stage process into two main hearings:
First Hearing (Financial Dispute Resolution - FDR):
Timeline: Scheduled within 16–20 weeks after issuing Form A.
Purpose: Aimed at facilitating settlement discussions with judicial guidance.
Preparation: Parties must exchange financial disclosures (Form E), agree on valuations, and submit settlement proposals prior to the hearing.
Final Hearing:
Timeline: If no settlement is reached at the FDR, a final hearing is scheduled 26–36 weeks after issuing Form A.
Duration: Typically set for one day, unless complexities necessitate a longer hearing.
Procedural Deadlines
The pilot imposes strict deadlines to ensure efficiency:
Within 28 Days of Form A: Exchange and file Forms E.
Within 14 Days After Form E Exchange: Agree on valuations and file questionnaires (limited to four pages).
21 Days Before FDR: File and serve settlement proposals.
14 Days Before FDR: Prepare a schedule of issues in dispute.
7 Days Before FDR: File ES1, ES2, and a case chronology.
Benefits of the Pilot
Expedited Resolution: Aims to conclude cases within approximately seven months, reducing the emotional and financial strain on parties.
Cost Efficiency: Fewer hearings and a streamlined process can lead to reduced legal fees.
Judicial Engagement: Early and active involvement of judges encourages settlements and keeps cases on track.
Considerations and Limitations
While the pilot offers numerous advantages, certain cases may not be suitable:
Complex Financial Structures: Cases involving businesses, partnerships, or intricate income arrangements may require the standard procedure.
Pension Considerations: Although pensions are excluded from the asset threshold, their division can complicate proceedings.
Non-Disclosure Issues: If a party fails to provide full financial disclosure, the case may need to revert to the standard track.
Parties can apply to move their case out of the pilot by submitting Form D11, preferably before the FDR, if they believe the express procedure is unsuitable.
Conclusion
The Express Financial Remedy Pilot represents a significant shift towards a more efficient family justice system for cases involving modest assets. By reducing delays and encouraging early settlements, the pilot aims to alleviate the burdens often associated with financial remedy proceedings.
For individuals navigating financial remedy cases, especially within the pilot regions, seeking expert legal advice remains crucial to ensure fair outcomes and compliance with the expedited timelines.
Our dedicated team of solicitors who specialise in family law are on hand to advise you further - as a law firm based in Brighton, we offer in-person consultations in Hove and also offer video conferencing for convenience.