Financial Remedy Proceedings Explained: How a barrister can support you
Introduction
When a couple divorces or separates, one of the most significant legal challenges is dividing assets and finances. Financial remedy proceedings determine how property, income, pensions and debt are shared. This area can be highly complex and that’s precisely where a family barrister can add real value. Even if you're not using a solicitor, through direct access you can get expert guidance and representation. Here’s how.
What are financial remedy proceedings?
At a basic level:
They’re court procedures under the Matrimonial Causes Act 1973 (or later statutes)
They involve disclosure of all financial resources (income, assets, liabilities, pension)
You, and your spouse/partner, present Form E (or equivalent) disclosure
Court applies legal principles (e.g. equity, needs, contributions, welfare)
The court makes orders regarding distribution (assets, maintenance, lump sums, pension sharing)
These are high-stakes cases: getting legal advice early can significantly impact your outcome.
Why you might need a barrister in financial remedy proceedings
Financial remedy cases often involve:
Multiple assets (property, businesses, trusts, pensions)
Complex valuations (e.g. company shares, overseas assets)
Expert reports (actuaries, valuations, forensic accounts)
Disputes over fairness, contributions, future needs
If your case involves any of the above, or where the sums are large, instructing a barrister via direct access can help:
Strategy formulation: Which assets to focus on, how to structure an offer
Valuation critique: Evaluate the other side’s expert evidence
Drafting orders or settlement documents with precision
Court representation at directions or final hearings
How the process works with a Direct Access barrister
Direct Access Application completed
Assessment and agreement of scope and fees
Submission of documents: your Form E, previous orders, valuations, financial disclosures
Conference / strategy meeting: define priorities, identify risks
Prepare position statements, objections or counter-proposals
Represent you at court hearings and argue on valuation, fairness or maintenance
Order drafting / settlement assistance / implementation advice
If further tasks are beyond the agreed scope, you will be consulted before extra work is taken on.
What sets barrister involvement apart from solicitor-only work
Barristers often specialise in advocacy, legal argument and complex drafting
Their independent perspective can sharpen negotiations
At court, judges are accustomed to barrister arguments; your case might carry more weight
Even under direct access, you gain that specialist edge in critical moments
Common misconceptions
“You must have a solicitor to do financial remedy work.” - No, you can use direct access if the case is suitable.
“A barrister is just for court, not negotiation.” - Barristers often draft offers, responses, settlement documents.
“It’s too expensive.” - The cost of a barrister may be less than paying solicitor and counsel, especially for critical parts.
“I need to know all the accounting myself.” - You don’t, your barrister can help you understand and challenge financial evidence.
When external experts are needed
For complex cases, you may also need:
Valuation reports (e.g. business, property, pension)
Forensic accountants
Actuarial advice (for pensions)
A barrister can coordinate with such experts and help you use their evidence effectively.
Final thoughts and next steps
Financial remedy work is often the most legally intense part of separation. Having a barrister in your corner, even via direct access, can make a big difference. To explore your options, submit our Direct Access Application Form, and we’ll be in touch to discuss how best we can support you.