Since the launch of the new scheme in April 2025, financial remedy cases with limited means can be dealt with quicker. The details of this procedure are set out within Practice Direction 36ZH and supplement the Family Procedure Rules 2010. The aim of the express financial remedy pilot is to resolve contested (disputed) financial remedy proceedings faster by reducing the number of hearings from three to a maximum of two.
What cases can use the procedure?
The scheme applies only to contested financial remedy cases and does not include Schedule 1 claims under the Children Act 1989, Part III or variation applications. It is available to cases where the total combined net assets are worth approximately £250,000 or less, excluding pensions.
The existing three-stage hearing procedure is a first appointment, followed by a financial dispute resolution (FDR) and then a final hearing. However, the new express procedure reduces this to two hearings, with the first appointment being used as an FDR, followed by a final hearing. The aim is for the FDR to take place within 16 – 20 from the date a form A is issued, and the final hearing 26 – 36 weeks after the form A is issued. The aim is for all cases to be resolved within approximately seven months of issue and both hearings shall be listed upon the application being issued.
Where is the express financial remedy procedure in place?
The pilot scheme is only in place in certain courts in the following areas:
- Cheshire and Merseyside;
- Cleveland, Newcastle and Durham;
- Greater Manchester;
- Lancashire and Cumbria;
- North and West Yorkshire; and
- West Midlands.
A detailed list of the courts utilising this new procedure can be found in Practice Direction 36ZH here.
How do you ‘opt in’ to use this new procedure?
When completing a form A application, a question now arises for the applicant to confirm whether they believe the total net assets, excluding pensions, are worth less than £250,000. Where the form A is completed between 7th April 2025 and 3rd April 2025, the combined assets are estimated to be £250,000 or less and the application is issued in one of the pilot courts, the case will automatically be allocated to the express procedure. Following issue of the Form A, there is a great deal of work to be done to ensure the first hearing can be used as an FDR, including a direction for each party to file/exchange a fully completed Form E within 28 days of issue.
In the event either party believes the case is not suitable for the pilot scheme, a D11 application can be made to move the case to the standard track procedure, which should be done prior to the FDR. When determining whether a case should leave the pilot scheme, the Court must consider all the circumstances, including but not limited to complex assets or income structures; other complex issues; any other circumstances which would prevent an effective FDR as a first hearing, or where one day is unlikely to be sufficient for a final hearing.
How can we help?
If you like to discuss details regarding your divorce, or financial remedy proceedings, please get in touch with the Family Team today and we would be more than happy to discuss your requirements further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
