Q&As

What is the difference between a financial remedy and a financial order?

read titleRead full title
Published on LexisPSL on 03/06/2015

The following Family Q&A provides comprehensive and up to date legal information covering:

  • What is the difference between a financial remedy and a financial order?
  • What is a financial order?
  • What is a financial remedy?
  • Implications of the distinction between a financial order and a financial remedy
  • Pre-action protocol
  • Mediation information and assessment meeting (MIAM) requirement
  • Accelerated financial remedy procedure
  • Costs

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 made changes to the terminology used in relation to proceedings for financial provision. The term 'ancillary relief' is not referred to in the rules and is no longer used, although it is still referred to in some primary legislation. It has been replaced by 'financial orders'. FPR 2010, SI 2010/2955 also refer to 'financial remedies'. This Q&A considers the differences between a financial order and financial remedies and the implications of the distinction.

What is a financial order?

The term 'financial order' includes:

  1. an avoidance of disposition order

  2. an order for maintenance pending suit or an order for maintenance pending outcome of proceedings, see Practice Note: Procedure for maintenance pending suit

  3. an order for periodical payments or lump sum provision (as mentioned in section 21(1) of the Matrimonial Causes Act 1973 (MCA 1973), excluding an order under MCA 1973, s 27(6), ie as to neglect to maintain)

  4. an order for periodical payments or lump sum provision (under paragraph 2(1) of Schedule 5, Part 1 to the Civil Partnership Act 2004 (CPA 2004), made under CPA 2004, Sch 5, Pt 1)

  5. a property adjustment order, see Practice Note: Property adjustment orders—general principles

Related documents:

Popular documents