Are you eligible for the new Express Financial Remedy Procedure Pilot Scheme?

Are you eligible for the new Express Financial Remedy Procedure Pilot Scheme?

Last month the government introduced a more streamlined financial remedy pilot scheme. The scheme is designed to make the whole process of financial remedy in the courts quicker, cheaper and more efficient. In this blog I share how the new scheme will work, and, crucially, if you’re eligible.

Who is the new scheme for?

Let’s do this part first so you know whether the pilot scheme applies to you. If it doesn’t, and you know someone else who could benefit, please forward this blog to them – they are likely to be able to save time, stress and money if their divorce is heading to court.

There are thirty three family court areas involved in the pilot:

Barrow in Furness
Birkenhead
Birmingham
Blackburn
Blackpool
Bradford
Carlisle
Chester
Crewe
Darlington
Durham
Gateshead
Harrogate
Huddersfield
Lancaster
Leeds
Leyland
Liverpool
Manchester
Middlesbrough
Newcastle Upon Tyne
North Shields
Preston
Reedley
Scarborough
Skipton
South Shields
St Helens
Sunderland
Wakefield
West Cumbria
Wigan
York

If you live within these areas, are applying for a financial remedy in connection with a matrimonial or civil partnership order, AND have combined net assets (excluding pensions) below £250,000, then you are eligible.

If you live in one of the specified areas, have assets that fall under the financial threshold and file Form A (to trigger the financial remedy process) between 7 April 2025 and 3 April 2026 you will automatically enter the express scheme.

How does the express scheme differ from the existing schemes?

For cases outside of the pilot areas, and when the assets under consideration are above £250,000, your case will progress under the standard scheme, or the fast track scheme if it is solely with regard to financial provision (maintenance) rather than the division of assets. Here’s how each of these schemes operate:

Standard Scheme

The financial remedy process can take over a year, depending on the complexity of the case and availability of the courts:

1. The Court fixes a First Appointment between 12-16 weeks of Form A being filed, and notifies both the applicant and respondent
2. The parties exchange Form E (financial disclosure) not less than 35 days before the First Appointment (first hearing).
3. At the first hearing, the court will assess what evidence and documentation are needed, set a timetable for the case, and provide directions to move the case forward.
4. The parties attend a Financial Dispute Resolution Hearing, and attempt to reach a settlement, with the guidance of a judge.
5. If resolution is not achieved, the court moves to a Final Hearing. The judge makes a legal binding ruling on financial arrangements, after hearing from both parties.

Fast Track Scheme

Not to be confused with the new Express Pilot Scheme, this process exists to rule on periodic payments only – commonly known as maintenance payments. It doesn’t apply if any assets are under consideration. There are three main process differences from the standard scheme:

1. The Court fixes a date between 6-10 weeks of the application being filed.
2. The parties complete a shorter financial statement than Form E
3. The Court is directed to determine the case as soon in the proceedings as possible – potentially at the First Appointment, rather than that appointment being used simply to assess the case.

So, if those are the processes currently in place, how does the express scheme differ?

Express Scheme

As with the other schemes, the process is triggered by a Form A application. Then:

1. The Court lists a date for a First Hearing between 16 – 20 weeks of the application date, AND a Final Hearing between 26 – 30 weeks of the application date.
2. You exchange simplified financial information, and settlement proposals
3. The Court is encouraged to help you reach resolution with the guidance of a judge at the first hearing. If agreement is reached, you can then apply for a Consent Order and do not need to attend the Final Hearing.
4. If agreement is not reached, both parties need to exchange open proposals within seven days of the First Hearing. The judge may require you to provide additional information.
5. At the Final Hearing the judge decides the outcome of the financial application and makes a final financial order.

The main differences between the express scheme and others are that there is a more structured timeline from the outset, and the parties are encouraged to make an agreement at the First Hearing.

Is this scheme a good idea?

In short – yes, in theory this is a good idea. I have some caveats, which I’ll share on the next blog, so look out for that! But, I’m in favour of a more transparent process as far as both disclosure and court dates are concerned. The courts are backlogged, which means many of my clients are left in limbo for months, awaiting their next hearing date. This process provides a structure from the outset, which makes planning much easier.

It also makes sense for the court to encourage settlement as early on as possible, which will hopefully mean lower legal fees.

Self representation is certainly possible in this process, as in the standard and fast track processes, but whether you instruct legal support or not, you need to understand your position. Get professional support to ensure your finances are in order, and you’re ready to make the most of this scheme – or avoid it completely if possible.

I can certainly help with that! Book your free 15 minute call to see how I can save you time, money and stress in your divorce.

About Emma

Emma Heptonstall, the Divorce Alchemist is the author of the Amazon best-selling book How to be a Lady Who Leaves, the Ultimate Guide to Getting Divorce Ready. A former lawyer, Emma is a family mediator and founder of Get Divorce Ready, the online self-study programmes, and the newly released ‘Should I be a Lady Who Leaves?’. For More Information on Should I be a Lady Who Leaves? click here.

Emma has been featured on BBC Radio, The Telegraph, the iPaper and in Marie Claire Magazine. Emma is also the host of  The Six Minute Divorce Podcast. To find out more visit www.emmaheptonstall.com