What is it?
The courts since April this year are trying a new financial remedy pilot scheme under Practice Direction 36ZH, the Family Procedure Rules 2010.
What this means is that with cases with combined assets (excluding pensions) of £250,000 or less there will be a two-hearing framework instead of the traditional three-step process, compressing resolution into roughly six to seven months from issue to conclusion. This is being trialled in Cheshire & Merseyside, Greater Manchester, Lancashire & Cumbria, North & West Yorkshire, Cleveland & Durham, and West Midlands.
Eligibility
Your case automatically enters the pilot if all the following apply:
- Asset Threshold - Combined non-pension net assets (after deducting liabilities and mortgages) are estimated at £250,000 or less.
- Application Window – The Form A is submitted between 7 April 2025 and 3 April 2026.
- Designated Courts- The case is issued in one of the designated pilot family courts (e.g. Manchester, Leeds, Birmingham, Liverpool, Newcastle, etc.)
- Contested Cases only - Applies only to contested financial remedy claims, not to consent orders, child-related claims under Schedule 1 Children Act, or variation applications under specified statutes.
2 Key Hearings
The First Hearing – Financial Dispute Resolution (FDR)
- Scheduled 16–20 weeks after Form A is issued.
- Parties must complete full and frank financial disclosure (e.g. Form E), property valuations, exchange settlement proposals, and submit supporting documents (ES1, ES2, case chronology) in advance.
- The Judge encourages settlement and outlines likely outcomes. If agreement is reached, parties apply for a consent order (court fee: £60) and may avoid a final hearing.
The Final Hearing
If the FDR does not result in a settlement, a final hearing is pre‑listed for 26–30 (occasionally up to 36) weeks post Form A issue. The Parties exchange open proposals within 7 days of the FDR. The Judge may issue further directions or remove the case from the pilot.
If the Express Financial Remedy pilot works what will this mean?
1. Faster resolution: Cases concluded in around six to seven months, significantly quicker than the standard route which can exceed a year.
2. Cost efficiency: Fewer hearings and focused early case management help reduce legal fees and stress for the parties.
3. Enhances access to justice: Particularly beneficial for self-represented litigants (litigants in person) by simplifying procedures and providing clearer timelines.
What does not constitute as a case for the Pilot scheme:
1. Complex assets: Business interests, complex investments, or international elements may render the express route unsuitable.
2. Pension issues: Although pensions are excluded from the threshold, their complexities may still require specialist legal advice or removal from the expedited track.
3. Non-disclosure or disputes: Incomplete or contested financial information may result in case removal to standard procedure via judicial discretion or application with Form D11.
4. Annual review: The pilot runs until 3 April 2026, with possible expansion and adjustment of thresholds in future.
Conclusion
This pilot marks a significant step toward streamlining contested financial remedy cases involving modest estates. It introduces judicial oversight from an early stage, enforces strict deadlines, and prioritises early settlement. For eligible applicants, the pilot offers a more efficient, less adversarial, and more cost-effective path to finalising financial separation.
If you would like more information or wish to discuss this topic further, please feel free to contact Monika Brar at JPC for a free initial 30-minute consultation.
Email: mbrar@jpclaw.co.uk
Tel: 020 7644 6305
