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

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 pre-application protocol annexed to FPR 2010, PD 9A, see Practice Note: 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 It has been replaced by 'financial orders'. The term 'ancillary relief' is still used in other legislation however, for example the Matrimonial Causes Act 1973 (MCA 1973), as referenced by Mostyn J in AB v CB (divorce: nuptial settlement).

A financial order is defined as:

  1. an avoidance of disposition order

  2. an order for maintenance pending suit

  3. an order for maintenance pending outcome of proceedings

  4. an order for periodical payments or lump sum provision as mentioned in MCA 1973, s 21(1) but specifically excluded is an order under MCA 1973, s 27(6), ie as to neglect to maintain

  5. an order for periodical payments or lump sum provision under Schedule 5,