HMCTS publishes guidance on express financial remedy pilot

The express financial remedy pilot, introduced under Practice Direction 36ZH, is a significant development in the resolution of contested financial remedy cases in the UK. This pilot aims to expedite the process for cases where the parties' total combined net assets are under £250,000, excluding pensions and after deducting liabilities. 

Overview of the Pilot

The express financial remedy pilot is designed to streamline the resolution of financial remedy cases by reducing the number of hearings from three to two.  The pilot applies to cases where the combined net assets of the parties are estimated to be £250,000 or less, excluding liabilities, mortgages, pension rights, and Pension Protection Fund compensation entitlement.  The pilot commenced on 7 April 2025 and is scheduled to run until 3 April 2026. 

Eligibility and Participation

Parties will be automatically entered into the pilot if they declare in their Form A application for financial remedy that their combined net assets are £250,000 or less and if their case is allocated to a participating financial remedy court. There are a list of 33 courts taking part in the pilot, a list can be found here. 

The Hearing Process

First Hearing

The first hearing in the pilot is a financial dispute resolution (FDR) hearing, scheduled between 16 to 20 weeks after Form A is accepted by the court. During this hearing, the judge will review the documents provided by both parties, encourage settlement, and indicate the likely outcome of the case.  If an agreement is reached, a consent order can be applied for, making the agreement legally binding.

Final Hearing

If no agreement is reached at the first hearing, the case will proceed to a final hearing, typically held between 26 to 30 weeks after Form A is accepted by the court.  The judge will then decide the outcome and issue a final order. 

Benefits of the Pilot

The express financial remedy pilot offers several advantages, including a faster resolution of cases and reduced legal costs due to fewer hearings. By requiring parties to gather and present all evidence by the first hearing, the pilot encourages early settlement and reduces the duration of disputes. 

How This Information Can Be Useful in Your Case

Understanding the express financial remedy pilot can be crucial for parties involved in financial remedy proceedings. By participating in the pilot, parties can benefit from a more efficient process, potentially leading to quicker settlements and reduced legal expenses. Additionally, being aware of the eligibility criteria and the courts involved can help parties prepare adequately and make informed decisions about their cases.

https://www.gov.uk/guidance/what-to-expect-if-you-are-in-the-express-financial-remedy-pilot 

If you are looking for support with your family law matter, please get in contact today. 

Jamie Beland & Stephanie Glover