A new pilot scheme has been introduced for “lower-value” financial remedy claims. This blog is a whistle-stop tour of the Express Financial Remedy procedure, and the changes that will apply.
What is the new Express Financial Remedy procedure?
The new financial remedy procedure, known as the Express Financial Remedy Procedure is a pilot scheme which was introduced on the 7th April 2025, and will continue until 3rd April 2026 in selected courts across the north of England.
Which cases will the Express Financial Remedy procedure apply to?
It will apply to cases in which net assets are valued or estimated at £250,000 or less, although importantly this excludes the value of any pensions.
What are the intended benefits of the new Express Financial Remedy procedure?
The aim of The Express Financial Remedy procedure is to reduce the number of court hearings, where possible, in smaller asset cases by addressing the following:-
- Swifter resolution process. To alleviate delays caused by lengthy proceedings in smaller asset cases
- Greater focus on settlement. Encouraging parties to reach an agreement earlier on in the case
- Addressing cost proportionality. Fewer court hearings from the outset; potentially reducing legal costs.
How does it work?
Usually, when an application for financial relief is made, the case is listed for a First Directions Appointment and the purpose of this hearing is to narrow issues and to consider the existing evidence/ need for further evidence.
The next hearing (providing a further Directions hearing is not required) is a Financial Dispute Resolution (FDR) hearing. Parties are expected and encouraged to negotiate to reach an agreement. If parties do not reach an agreement, the Judge will give an indication as to what may be ordered at a final hearing.
If the case does not settle then it will be listed for a Final Hearing. More complex cases may entail further court appearances before a Final Hearing can be listed.
The differences that apply in the Express Financial Remedy procedure include:-
- Removal of the the First Appointment
- The first hearing is treated as an FDR, meaning parties will be given an early indication by the Judge to encourage earlier settlement
- Tightening of the timetable significantly for exchanging financial disclosure and asking questions with a view to getting expert evidence ready for the first hearing.
It is possible for parties to ask the Court to remove the case from the fast-track if it is not considered appropriate however the default position is that qualifying cases will automatically proceed under the new process.
Contact us
If you require legal advice, please contact us here to arrange an initial consultation with a family lawyer.