Financial proceedings—orders that can be made by the court
Financial proceedings—orders that can be made by the court

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Financial proceedings—orders that can be made by the court
  • What are financial remedies and financial orders?
  • Orders that may be made on decree
  • Corrections to orders

This Practice Note explains the differences between financial orders and financial remedies as provided for in the Family Procedure Rules 2010 (FPR 2010). It sets out the financial orders that may be made by the court within proceedings for divorce, nullity and judicial separation, and the civil partnership equivalents, including in relation to financial provision, property and pensions. For practical guidance on the courts’ approach to an application for a financial order, see Practice Note: Factors considered by the court on financial provision.

On the 22 April 2014, the single Family Court replaced the previous three tiers of court structure (family proceedings court, county court, High Court). The High Court has retained exclusive jurisdiction over a limited number of cases. See Practice Note: The single Family Court and The Family Court—allocation and transfer of proceedings.

Prior to issuing a financial application regard should also be had to the requirement for attendance at a mediation information and assessment meeting (MIAM) and the pre-application protocol annexed to FPR 2010, PD 9A, see Practice Notes: Non-court dispute resolution—mediation information and assessment meetings (MIAMs) and Financial proceedings—pre-application protocols—Pre-application protocol.

What are financial remedies and financial orders?

FPR 2010 made changes to the terminology used in relation to proceedings for financial provision. The term 'ancillary relief' is not referred to in the rules. It has been replaced