A court order dealing with finances on divorce or dissolution — including sale of property, transfer of assets, lump sums, pension sharing, and ongoing support. The overall process is called 'financial remedy proceedings'.
In Plain English
The process of asking the court to decide how to split up assets like property, cash, and pensions after a breakup.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Gap #75
The assumption
We agreed it already — that should settle it.
The reality
Unless formally approved by the court as a consent order, an agreement does not resolve the case or create binding obligations. Informal agreements can often be disregarded, and financial remedy agreements typically require court approval to be enforceable.
Gap #82
The assumption
The final divorce order can be granted before finances are resolved — it does not affect my financial claims.
The reality
Getting the final divorce order before sorting finances carries serious risks. Under Section 28(3) of the Matrimonial Causes Act 1973, remarrying without a financial order in place can bar you from applying for financial provision and property adjustment orders. You may also lose pension death-in-service and survivor benefits, and inheritance claims against the estate can be affected. Most practitioners advise finalising financial arrangements before the final divorce order to safeguard all interests.
Gap #97
The assumption
I am being dragged to court to have my character defiled. I am the one being bullied here. My refusal to engage is self-defence.
The reality
A respondent's refusal to engage often leads to serious consequences. The applicant may have no choice but to go to court if the respondent won't participate. Under FPR 2010 Part 28.1 and the Senior Courts Act 1981 s.51, the court can order the non-engaging party to pay costs. The court may also draw adverse inferences from non-engagement, which can affect the outcome of the case.
Gap #108
The assumption
I suffered domestic abuse throughout the marriage. That has to be taken into account in how the assets are divided.
The reality
It is commonly observed that domestic abuse may not be routinely considered in financial remedy proceedings. Courts generally require a strong showing that it would be 'inequitable to disregard' the abuse.
Navigating court alone?
A McKenzie Friend can help you understand terms like these in the context of your case.
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