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Family Law
Her Majesty’s Courts and Tribunal Service is currently plagued with backlogs and waiting times. Often, parties are experiencing waiting times on average of up to 16 weeks for an FDA (the first hearing in financial cases) following issue of financial proceedings.
To try to help this issue, from 7th April 2025 to 3rd April 2026, the government is introducing a new pilot scheme whereby contested financial proceedings are ‘fast-tracked’ if the parties meet certain eligibility criteria. It is called the ‘Express Financial Remedy Pilot’ and Birmingham is one of the courts being inducted into this new scheme. Namely, the criteria is as follows:
- if both yours and your ex-spouse’s net capital assets together equal below £250,000,
- if you submit your application within the timeframe above,
- and you live in an area where the scheme is being piloted.
Usually, for most people eligible for this scheme, this would mean the net equity in the family home, vehicles and any savings. However, this excludes both parties’ pension rights and entitlement to compensation under the Pension Protection Fund. If all of these sources of capital add up to below £250,000, after deduction of liabilities and debts, then your case can be allocated to this new pilot.
Upon issue of financial proceedings, your case will be automatically allocated to this scheme by the court if you are eligible.
So, if you’re eligible, what happens? Instead of the standard 3 hearing procedure to attempt to achieve a financial settlement between the parties, for cases under this scheme there will be only 2 hearings.
this should save time and costs for parties with modest assets to achieve an overall better outcome and relieve the court system inundated with cases.
If you think you may be eligible for this pilot and are looking for a financial remedy/settlement within divorce proceedings, get in touch with us in Wolverhampton, Cradley Heath and Sutton Coldfield serve clients across the West Midlands. For all new enquiries, please call 01902 328 365 or complete our online enquiry form and a member of our team will respond.
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