Only courts in certain parts of England are testing the express financial remedy procedure at the moment. Check the list below - if your court is listed, this guide is for you. If it is not listed, go to How to apply for a financial order. 

Cheshire and Merseyside

• Birkenhead
• Chester
• Crewe
• Liverpool
• St Helens

Cleveland, Newcastle and Durham

• Darlington
• Durham
• Gateshead
• Middlesborough
• Newcastle Upon Tyne
• North Shields
• South Shields
• Sunderland

Greater Manchester

• Manchester
• Wigan
• Stockport

Lancashire and Cumbria

• Barrow in Furness
• Blackburn
• Blackpool
• Carlisle
• Lancaster
• Leyland
• Preston
• Reedley
• West Cumbria

North and West Yorkshire

• Bradford
• Harrogate
• Huddersfield
• Leeds
• Scarborough
• Skipton
• Wakefield
• York

West Midlands

• Birmingham
   

• There is a court called the Family Court, located in different places across England and Wales, which deals with disagreements among separated families. These are not the same courts where people who are accused of doing something wrong go.
• Sorting out your dispute will only happen quite quickly if you can cooperate and agree things between you as much as possible. For many couples, family mediation is a good way of achieving this. We talk about this in more detail later. 
• Going to court is often stressful and time consuming – at an already demanding time in your life. If you have a solicitor to advise you throughout it can also be very expensive. 
• The court expects you to try and agree things between you as long as it is safe to do so. If you don’t manage this and need to apply to court, you will have to explain what you have tried to avoid court. Our guide What to do before applying for a financial order when you get divorced explains everything you need to consider so that you are not penalised by the court. 
• If you do end up going to court, the court will try to help you compromise at each stage. 
• Having lots of arguments about who gets what can cost you thousands of pounds if you use a lawyer to help sort out your dispute. The more you spend, the less there will be left over to share out between you, and to support your children if you have any.
• When a relationship breaks down, financial settlements vary enormously in size. Just because there are reports of the super-rich paying or receiving millions, doesn’t mean to say you will. It will depend on lots of things such as how much there is to divide up, what each of you will need, the needs of any children, and the length of the marriage. You cannot share out what you don’t have.
• The term ‘financial order’ is quite new. The full name given to this type of order is a ‘financial remedy order’. 
• We talk about the court ‘doing’ things quite a lot in this guide. For example, the court may ‘send’ out a form, ‘make’ a decision or ‘think’ about something. It sounds a bit odd because most people think of a court as a place, a building. But ‘the court’ is often used as shorthand to talk about the people working in the court, whether they are a judge or court staff. That is how we use the term here and how you will probably hear other people use it too.
• We use the word ‘ex’ in this guide to mean your ex-husband, your ex-wife, or your ex-civil partner.

Emotions around your separation and your future

Whatever stage you are at right now in your separation, it is likely to be a demanding time. It is natural to feel worried, stressed, or angry. You might feel lots of different emotions that are hard to manage. You might feel angry or tense. Or you might not want to talk or think about the problems at all because it is all too much. You might feel so scared that you can't do anything. Or you might just want to agree to anything to try and keep the peace and hope the problems and your ex all just go away. 

All of these reactions are natural. All of these emotions can prevent you from making progress. If you can access some legal advice now, it can really help. See More help and advice. 

Next, we talk about how you might be able to get some legal advice if you are on a low income to help you make informed decisions about the way forward.

legal aid 

Legal aid is a government scheme to help people who live on a low income, have few savings, and meet specific other criteria, pay for legal advice.

However, even if you are financially eligible, unless you can prove you or your child have suffered domestic violence or abuse, which was caused by your ex, you cannot get legal aid to apply for a financial order. 

What is domestic abuse? 

Domestic abuse means any abusive behaviour by one person towards another person, where those two people are in an intimate relationship or are relatives. The abuse can be: 

• physical or sexual,
• violent or threatening behaviour,
• controlling or coercive behaviour,
• economic, 
• psychological or emotional.

A child who sees, hears, or experiences the effects of the domestic abuse is also a victim of domestic abuse.

Abuse can happen via tech and online as well as in real life. Some examples of tech abuse are abusive messaging online, tracking you with spyware, demanding access to your devices and online accounts or sharing intimate images online without your consent.

For organisations who can help you in any of these situations, go to More help and advice.

As long as it is safe to do so, you can sort out your finances and who gets what from the family home by negotiation and agreement with your ex at any time – either before or after you start court proceedings. 

If one or both of you are not willing to negotiate or refuse to go along to mediation or another kind of dispute resolution, then you may have no choice but to go to court. 

Reaching any agreement usually means being prepared to compromise – accepting less or paying more. And it may be worth doing this to avoid the uncertainty and expense of going to court. But how do you know what’s fair for you to suggest to your ex, or for you to agree to? Understandably, you will not want to get less or pay more than a judge would order. 

We have another guide that helps you understand more about what a judge might do in a case like yours, so that you have a better chance of making a fair agreement with your ex. Take a look at How to sort out your finances on divorce for more information. 

If you cannot reach agreement by speaking to each other or with the help of family or friends, you cannot just go straight to court for an order. Instead, as long as it is safe for you to do so, the court expects you to try another way to resolve your dispute. Family lawyers often call this non-court dispute resolution or ‘NCDR’ for short. 

The court expects you both to attend a mediation information and assessment meeting (or MIAM for short) before you can apply to the court – unless you fall into the limited circumstances that mean you don’t have to do this.

A MIAM is not mediation. It is a meeting to help you understand more about mediation and the other options available to you to reach an agreement out of court. Mediation can help but there are other options to think about too.

To understand more about this, make sure you read our short guide on What to do before applying for a financial order when you get divorced.

Next, we talk about the things or ‘factors’ the court looks at when making a decision. You need to understand these to help you negotiate with your ex.
 

The law explains what a court needs to take into account when it decides how to divide what you have between you. If you and your ex try to reach an agreement yourselves, the court expects you to take the same factors into account. And they also apply if you use other methods to try and reach an agreement out of court, such as mediation or arbitration. We explain these factors here:

The welfare of any child of the family under 18 years old

This is so important that it must be the first thing the court considers. In many cases, it can mean that most, maybe all, of your joint resources will go towards providing a home for your children, at least whilst they are under 18 and sometimes older. Typically, the children will live with the person mostly responsible for their day-to-day care. This is why it is common to come across situations where the person mainly looking after the children stays with them in the family home. However, the court also looks at how the children can be accommodated with their other parent if they stay overnight there too.

The income, earning capacity, property, and other financial resources which each of you has or is likely to have in the foreseeable future

This includes any increase in earning capacity which the court thinks it is reasonable to expect of you or your ex. This can mean, for example, that the court makes a decision based on the expectation that one of you will get a job or a better paid one. The reference to ‘other financial resources’ can mean, for example, money received or coming from an inheritance or a personal injury claim. If you have a new partner who you are living with, the court can take their resources into account when deciding how to divide up your money and property. This is because you will be sharing living costs with your new partner rather than needing to manage alone.

The financial needs, obligations, and responsibilities which each of you has or is likely to have in the foreseeable future

The main financial needs the court thinks about are housing need and income need. Where will you each live? How will each of you pay your bills? Ideally, you will both end up with a home to live in. But if there is not enough for two homes, the person mainly responsible for looking after any children day to day gets priority.

The sort of responsibilities the court can take into account include, for example, those you or your ex owes to a new husband, wife or civil partner, other children, elderly parents, or other relatives.

The standard of living enjoyed by the family before the breakdown of the marriage or civil partnership

Although the court will take this into account you cannot assume you will enjoy the same standard of living as you had when you lived together. If you have been used to a high standard of living and there is still the money to support that, you can expect a similar standard when you split up. If your family had a low or average income, then you may end up less well off. What is just about enough to keep one family going often is not enough to provide adequately for two households.

Age and the length of your marriage or civil partnership

Age can affect what is fair in many ways. It can influence whether you or your ex is likely to get work and what your financial position will be when you each retire. The length of your marriage or civil partnership can also impact on the court’s decision. If it has been short, then it is less likely that your money and property will be divided equally. This is especially true of things that the court may see as belonging to just one of you, for example, an inheritance or property you brought into the marriage. If you lived together as a couple before you married or became civil partners, then the court will take this period of time into account as long as there were no breaks and the time living together before your marriage or civil partnership flowed smoothly up to your marriage.

Any physical or mental disability

This allows the court to take into account any physical or mental disability suffered by you or your ex. The court will want information about any ill health, long term illness or disability and its impact on you or your ex’s earning capacity and housing requirements.

Contribution made to the welfare of the family, including looking after the home or caring for the family

The law says that raising the children or looking after the home as just as important as earning the money. This means that the person who earns the money won’t receive a bigger amount just because they earned it, but only if they have another good reason.

Behaviour, but only if it was so extreme that it would be unfair not to take it into account

The basic position is that the court will not decide whether one of you has behaved more badly and is more responsible for the breakdown of your relationship than the other. And it will not then reward the better behaved one with more money. It has got to be really bad behaviour which affects your finances before the court will consider taking it into account. The law currently says that domestic abuse is not enough to make a difference in the split of the assets, unless the abuse is so severe that it has caused a life-changing injury that prevents the victim from being able to work.

The value of any benefit which either of you will lose the chance of acquiring

This is about things that you or your ex is no longer going to benefit from as a result of splitting up, for example, the possibility of getting a lump sum or income from your ex’s pension scheme if they die before you.

Whether it is fair and reasonable to order a clean break

The court also has to think about whether and when it is fair to end your financial responsibilities for each other. The ideal is that you sort out your money and property in a way that means each of you ends up being financially independent of the other when your divorce is finalised. The court will try and achieve this, but it is not always possible, for example, one of you may have to wait to get your share of the family home until your children have grown up or pay maintenance to the other.

What will I get?

How the court applies these principles in your case will depend on your individual circumstances. They are there to help the court reach a fair outcome. And why there is often no quick and easy answer to the question: what will I get? People commonly think that the courts automatically divide up a couple’s money and property 50/50. This does not always happen, particularly in cases where a couple only have limited money or property. Often a number of different, but equally reasonable results are possible in a case.

We talk about this in more detail in How to sort out your finances when you get divorced. This guide is also really helpful if you think that there is still a chance you could reach an agreement and avoid the stress and expense of going to court.

For a rough idea of what a fair financial settlement might look like for you, you can try using the MoneyHelper’s free divorce and money calculator.
 

In this section we explain some of the different financial orders a court can make. Courts can make one or more of these at the same time. For a complete list of the orders the courts can make, see our other guide about financial orders.

Lump sum order 

This is an order that you or your ex pay a fixed amount of money, for example £2,000 or £20,000. The court can order you or your ex to pay a lump sum in one go or in instalments. The court can only make this kind of order if you or your ex has the money to pay it.

Periodical payments order

‘Periodical payments’ is another word for maintenance. ‘Periodical’ just means the money is paid regularly at a particular time, for example, monthly. It is usual for the court to order that the periodical payments will end at a specific point in the future, like when your children reach a certain age, which you may hear referred to as a ‘term order’. Child maintenance is usually dealt with by the Child Maintenance Service.

Property adjustment order

This order sets out what is to happen to any property you and your ex own separately or together.

‘Property’ doesn’t just mean houses or land. It means any form of property including money in bank accounts, investments, shares in a company, or family business assets.

The court can make a wide variety of property adjustment orders. For example, it can transfer property from you to your ex or from your ex to you or order the sale of a property and divide the profit between you equally or into different shares. The court can also transfer a tenancy (including council and housing association tenancies), for example, from your joint names into your name only or your ex’s name only.

If your ex is the sole owner or sole tenant of the family home, then it is critical you do not formally end your relationship by getting your final divorce order before you ask the court to transfer the tenancy or ownership of the family home into your name – if that is what you want. This is a tricky area. If you are in this position, you need to try and get some legal advice as soon as possible.

Pension sharing order

This order sets out what percentage, if any, of a pension belonging to you or your ex must be transferred to the other.

A pension share is a way of splitting one person’s pension and giving a percentage of it to the other person – who usually has a smaller pension or no pension at all. It is a permanent split that happens just after the court makes the final financial order.

Clean break order

This order ends your financial responsibilities to each other. This means neither of you has to pay maintenance to the other on an ongoing basis. This does not include child maintenance. This kind of order can provide a clean break immediately once the order comes into effect or it can happen later.

It usually also means that you cannot ask to inherit anything from your ex if they die. The court must consider whether to make this kind of order in every case. It is not always the right thing to do. Whether or not the court makes one in your case will depend on your individual circumstances.

The court can make interim and final orders. 

An interim order is an order to help support you while the financial proceedings are going on. The court can make an interim order, for example, for maintenance, at any time after you start your application for a financial order and before the final hearing (but you do need to make a specific application for this to happen).

A final order is an order made at the end of the financial proceedings. The court cannot make a final financial order until you or your ex have got a conditional order in your divorce. A conditional order is the order that confirms you are entitled to a divorce or dissolution. The final financial order cannot come into effect until the conditional order has been made into a final divorce order. At this point, your marriage or civil partnership is officially at an end.

In this section we explain which court to use, where you can find the forms that you will need and information about court fees and court rules (the Family Procedure Rules). We also talk about how much it could cost and how long it will take.

Which court?

You need to send your application to your regional financial remedy court. Once court staff have processed your application, you will be informed by post about where the hearing will be and where you need to send other paperwork.

Which forms do I need? 

As you go through the guide, we tell you about the forms you need and link to them.

Most court forms seem a bit intimidating when you first look at them. A large part of most form filling involves giving factual information. Read though each form a couple of times to find out what information it asks for. Then get together the information you need before you start filling it in. Once you have done this, the job may turn out to be a bit easier than you first thought.

It is unnecessary to use long words and legal language. The best thing is to keep it short and simple. Stick to what is relevant and try not to repeat yourself.

Family court fees

You usually have to pay a family court fee when you start (the court calls this issuing) financial proceedings. For information about family court fees and when and how to pay them, go to Family court fees (EX50). The current fee for applying for a financial remedy order is £321.

Help with court fees 

In some circumstances you may not have to pay a fee at all or only a reduced fee if you have a low income.

For example, as long as your savings or other capital don’t exceed certain limits, you will not pay anything if you can prove that you get:

•    Income Support, 
•    Income-based Jobseeker’s Allowance, 
•    Pension Credit guarantee credit, 
•    Universal Credit with gross annual earnings of less than £6,000, or 
•    Income-related Employment and Support Allowance.

For more help on this go to How to apply for help with family court fees.

Family Procedure Rules

These rules explain what you need to do and when. You may hear lawyers talk about the ‘FPR’. What they are referring to are these rules. An individual rule often comes with one or more additional bits of guidance, called ‘practice directions’. You need to follow the ones that apply to your case. 

The good news is that only a few rules and practice directions are likely to apply to your case, unless it is very complicated. So, it is not like a book – you don’t have to start at the beginning and read all the way through to the end. You need to pick out the rules that are relevant to your case. We help you do this by including the key rules in this guide.

How long will it take?

In the express pilot there are usually only two court hearings, once one of you has applied to court.

If you need both hearings – because you cannot agree at the first hearing – it is likely to take around 30 weeks or 7 months. Most cases do not end up at a final hearing though. If you are able to compromise with the help of the judge your case will finish sooner.

Hearing 1 

This is sometimes called the first hearing, but the judge will also call it the ‘financial dispute resolution’ appointment if you are both ready with all your financial documents. This hearing takes place between 16 – 20 weeks after the court has processed your application. (This might feel like a long time after you make your application, but you both have a lot of paperwork to do before this date!)

The court expects you both to be ready with all your financial information and assuming you are, the judge will then give you a view as to how they think the case should be dealt with and brought to an end – for example, if the family home should be sold and how the money from the sale should be divided between you and how any pensions should be shared out. Based on this judicial view, you can then try and reach an agreement to avoid a final hearing.

Final hearing 

Often people manage to compromise with the help of the judge, before getting to the final hearing. But if you cannot, the court will hold a longer final hearing where the judge will make a legally binding order that you must both follow.

How much will it cost? 

1. You should only have to pay your own costs (and not your ex’s as well) unless the court decides you have run your case unreasonably. That might include not doing what the court has ordered, failing to turn up for hearings, refusing to try non-court dispute resolution, misleading the court or your ex, or carrying on trying to make unreasonable arguments. 
2. You may also have to pay one or more court fees.
3. How much it costs you will depend totally on whether you deal with all the paperwork yourself or pay a lawyer to do some or all of it for you.

Getting help from a lawyer

Lawyers charge for their time. So, usually, every time you write, email or phone, they will charge you for the time they spend reading what you say, thinking about what advice to give you and giving you that advice. The more often you contact them, the more time they spend negotiating on your behalf or representing you at court hearings, the greater the cost – to you.

If you use a lawyer, the key thing is to use their time carefully. So, prepare a list of the points you want to make and questions you want to ask before you speak to them. Legal costs can quite easily add up to thousands of pounds. This is one reason why the court encourages people to mediate and reach an agreement either without going to court at all or if you end up in court, at each hearing you have to attend.

Some lawyers offer packages of legal services for a fixed fee. Sometimes these services include a free first meeting. We suggest you ring round or email several to check what they offer for the price they are quoting. What will they do for you? What do they expect you to do?

You can also pay a lawyer to give you a specific piece of advice or do a specific task. So, for example, you could decide to pay them just to prepare your application. If so, ring round and ask for a quote for doing this job. You might want to pay them to be available on the phone on the date of the first hearing to answer your queries or to represent you at the final hearing. Some firms offer a ‘pay as you go’ option so you don’t get any nasty surprises when it comes to paying your bill.

You could also consult a barrister directly without involving anyone else (for example, a solicitor). Not all barristers offer this service though. For more information about finding a barrister to work directly for you, go to the Bar Council direct access portal. 

In this section we explain who can apply for a financial order, how you apply, what forms you must fill in and what happens next.

Who can apply for a financial order?

Either you or your ex can apply for a financial order. If you apply, then you are called the ‘applicant’, and your ex will be called the ‘respondent’. You might have applied for the divorce at the start and so you are called the ‘applicant’ in the divorce but if your ex applies for a financial order, they then become the ‘applicant’ in the financial proceedings.

How do you apply for a financial order?

You apply for a financial order by completing a ‘Notice of a financial application’. This is also called the Form A. Where the form asks you to tick boxes to show what court orders you are asking for, make sure you tick all the ones that might apply to you. If you are not sure whether a particular box is relevant, it is sensible to tick it anyway. This keeps all your options open.

Your Form C from the court will set out the exact dates you need to do things by – always check this carefully.

Here we talk about the week you need to do things by to give you a sense of how much time you have. The date the court processes your application is ‘day 1’ and all the other dates are worked out from that date.

As this is a long form, we have another detailed guide on how to fill it in and a video to help too.

Under the Express pilot, you only have 28 days from the date the court processes the application to gather your documents, fill in the form and send it to your ex and the court.

The Form C will tell you the exact date you have to send your Form E to your ex and the court. You and your ex need to exchange your forms on the same day, so this takes some planning. 

By the end of week 6 

Questionnaires

Read through your ex’s Form E carefully when you get it. If it is unclear or you think some information or documents are missing from it, you can prepare a list of questions (no longer than 4 pages), about anything you need them to explain more. If you suspect there are things that your ex has not told you about, look closely at the direct debits and standing orders on their bank and credit card statements. Is there any evidence your ex is spending money on things they have not told you about?

You need to send your questionnaire to your ex and the court by the end of week 6. If you do not have any questions, you just need to let your ex and the court know this. Your ex must do the same.

Estate agent valuation of the family home 

If you own the family home, you need ask an estate agent to value your home. This is often called a ‘market appraisal’ and is free. If you cannot agree with your ex on the value of your home, you may need to ask two more estate agents to give their views and then take the average of the three values. Once you have agreed the value, you need to tell the court, by post or email (and copy in your ex so they know you have told the court). If you still cannot agree, you will need to pay one expert to write a report on the value of the home and any other properties. This person is called a ‘single joint expert’. This will take money and time. The report must be ready and with the court by the end of week 10.

Information about what you can borrow in the future 

If you want to borrow money in the future to meet your housing needs, you need to get information for the court about what you are likely to be able to borrow. This is called your ‘borrowing capacity’. Ideally, you need to agree with your ex on each other’s borrowing capacities. If you disagree, you will need to get something called a ‘mortgage capacity statement’ from a mortgage adviser. This provides useful information to the court about how much you can borrow, what type of mortgage would be suitable and the monthly costs.

By the end of week 10

Replies to questionnaires 

If your ex asked you questions about your Form E, then you need to reply to these questions and send your answers to your ex and the court by the end of week 10. 

Information about properties for you and your ex in the future 

You need to find information about three possible properties that would meet your housing needs in the future. You also need to suggest three that you think would meet the housing needs of your ex. You can find these online thanks to sites such as Rightmove or Zoopla. 

Expert reports 

If you ended up needing to ask an expert to prepare a report on any properties or your borrowing capacities, you need to send the reports to the court by the end of week 10.

By the end of week 13 
(or at least 21 days before the hearing, if the hearing is going to take place later than week 16)     

Your proposals for settlement 

Both you and your ex must prepare, and send to each other and the court, a statement setting out your proposals on how the finances in your case should be sorted out. (Lawyers call this ‘settlement’.) Making an offer to settle means telling your ex, in writing, what your position is on the finances in your case – what you think should happen when you finally go your separate ways after your divorce. There is no set form or table you need to use for this. You can just order it as a list. This offer can be what lawyers call an ‘open offer’ or a confidential offer – called a ‘without prejudice' offer. We explain more about this in the section below called Making offers to settle the case. 

By week 14
(or at least 14 days before the hearing, if the hearing is going to take place later than week 16)

Schedule of issues 

Both you and your ex must prepare, and send to each other and the court, a list (called a ‘schedule’) of all the things you don’t agree on in relation to your finances – lawyers call these things ‘issues’. You need to have one schedule for you both – where you list what you both think the issues are. A statement of issues is a brief summary of what you want the court to decide for you because you cannot agree these things with your ex. You need to try and agree with your ex what the issues are. If you cannot agree, you need explain why.

By week 15 
(or at least 7 days before the hearing, if the hearing is going to take place later than week 16)

ES1 - case summary 

This is a form for the judge which summarises the key details of the case. You and your ex need to do your very best to agree what goes in this summary. Most of the information will be in your Forms E so you can take it from those. You can find the form on GOV.UK – Form ES1.

ES2 - schedule of assets and income 

This is a table summarising the most important details about your finances for the judge. Again, you need to take the information from your Forms E and put it in this schedule. You and your ex need to do your very best to agree what goes in this table. You can find the form on GOV.UK – Form ES2.

Chronology 

Both you and your ex need to agree on a list, called a ‘chronology’, setting out key dates in your marriage and separation and send it to the court.

Bundles

The judge may tell you that you need to prepare a bundle for the court and your ex. If you are told to do this, go to our main guide on applying for a financial order for help.

For the day of the hearing

Form H 

This is a form you both need to fill in to show the court what your legal costs on the case are so far up until the first hearing. You need to fill this in and take copies to the court for the judge and your ex. They must do the same. Again, you can find the form on GOV.UK – Form H.

Position statement

The judge may ask you to do something called a 'position statement'. If the judge does not ask you to do this you do not have to, but it can be helpful to do it anyway, as it helps you think about what you want to say about your case.

When and where will the first hearing be? 

This hearing takes place between 16 – 20 weeks (four to five months), after the court has processed your application.

Generally, financial dispute resolution hearings take place in a court building, rather than via video or phone call. However, if the court tells you that yours will be by video or phone be sure to look at Court and tribunal hearings by video or phone call.

How long will it last? 

This is your first, short hearing with a judge. It will usually last around one hour. You and your ex must both attend. You need to get there early – it will tell you on the Form C what time you need to arrive. You also need to expect to be at court for a lot longer than one hour. Hearings often do not start on time. It is safest to prepare to be there all day.

What will happen at the hearing? 

Unless there are crucial financial documents missing, the judge will treat this first hearing as a ‘financial dispute resolution’ appointment. You may hear lawyers and court staff call this appointment the ‘FDR’ for short.

A financial dispute resolution appointment is a special kind of hearing with particular rules that need to be followed.

• At this hearing, the judge tries to help you resolve your financial dispute with your help and agreement. 
• The judge cannot make a decision for you at this hearing. Instead, the judge will give an opinion about what the court is likely to order if your case goes all the way to a final hearing. 
• You and your ex will each need to explain to the judge what you want and why you think what you want is fair. The judge will want to know how you think both your housing needs can be met and how you will support yourself. 
• It is a confidential hearing. This means that nothing that is said or discussed at this can be mentioned at the final hearing, if there is one. For this reason, the same judge will not deal with the final hearing as well as this one.

The judge can do one of four things at the end of a financial dispute resolution appointment:

1. pause (or ‘adjourn’) the case if you are near to settling your dispute to enable you to try mediation or another type of non-court dispute resolution or prepare a consent order,
2. fix another financial dispute resolution appointment, or
3. make a consent order (if you have reached an agreement), or 
4. give instructions (called ‘directions’) for a final hearing (sometimes called ‘trial’ by lawyers and court staff).

From the date of the first hearing where the judge used the hearing as a financial dispute resolution appointment you have only seven days to think about, prepare and send an ‘open proposal for settlement’ to your ex and the court.

An open proposal for settlement is essentially a letter that sets out your position on what should happen in the future with your finances once you have your final divorce order.

This letter needs to be detailed and carefully thought through – who will live where and how will you both afford it, based on what assets (things of value), income and pensions you both have? If you own the family home, should it be sold now or later? What is the fairest way of dividing any money left over after it is sold? If you are going to stay in the home, do you need some maintenance to help you pay for the running costs?

Take look at How to sort out your finances when you get divorced. This helps you understand more about what a judge might do in a case like yours, so that you have a better chance of making a fair agreement with your ex.

The court will expect you to carefully consider your ex’s proposal. If you or your ex refuses to negotiate, the court can order you to pay some of the other’s legal costs.

If you get to this stage and you still haven’t reached an agreement it may feel impossible. However, the court very much expects you keep trying to settle your dispute. If the court doesn’t think you have made enough effort to negotiate, it can make a costs order against you – where you are told to pay some or even all of your ex’s costs.

This is the last hearing - the one where the judge considers all the evidence in the case and decides what you both have and how to share it out between you and your ex. The judge will do this taking into account the factors described in the section called What the court takes into account when it makes a decision.

What will happen at the final hearing? 

The judge you see at this hearing will not be the same one you met at the financial dispute resolution appointment, and you cannot mention what you talked about in that meeting here.

The judge will listen to what you and your ex and any witnesses have to say. This is called evidence. Before you give your evidence, you will be asked to swear (a religious oath) or affirm (a non-religious oath) that you will tell the whole truth. Not telling the truth when giving evidence is a serious criminal offence called ‘perjury’, for which you can be fined or sent to prison, or both.

You and your ex each need to be prepared to give live evidence – to explain briefly what you are asking for and why. You also each get a chance to ask the other questions. The law calls this process ‘cross examination’. So, think about what you want to say to the judge in advance and what questions to ask your ex and any witnesses they bring with them. And be ready to answer your ex’s questions when they cross examine you. The judge may well have questions for you and your ex as well.

If you are bringing a witness of your own with you, you must be ready to ask them questions, for example about what is in their witness statement or expert report, so their evidence can be heard by the judge.

At the end of the hearing, you must be ready to put your final argument to the court to persuade them to your point of view about the order you want made. You should be able to work out most of what you want to say before the hearing starts. You have some idea of what the evidence is going to be from the various statements that should be in the bundle by the final hearing. You also know what the strong points are in your case. But you need to take into account what actually happens in the final hearing, so be adaptable - you may want to make some changes on the day.

At the end of the hearing, the judge will make an order that will be legally binding on both of you. This means you must both comply with it by doing what it says in the order.

Taking a friend with you to court

You can bring a friend along to court for moral and practical support. But you can only take them into the hearing with you if you want them to act as your McKenzie friend (supporter) and they meet the relevant criteria.

Ask the judge as soon as possible if you want your friend to take on this role. You can find the guidance explaining what McKenzie friends can and cannot do in Going to court when the other side has a lawyer and you don’t.

The judge can ask your friend to leave the court if they behave in a way that interferes with the court doing its job, for example, if they make loud comments.

If you have a hearing that is taking place by video or phone call, you must not have anyone with you in the room for support unless the judge agrees to this at the very start of the hearing. If the judge agrees then the person you want present for support can join you in the room.

Rules about who you can communicate with about your case

There are strict rules about who you can communicate with about your case.
Communication doesn’t just mean talking to someone. It includes, for example:

●    talking,
●    texting,
●    tweeting,
●    blogging,
●    messaging,
●    videoing,
●    emailing,
●    posting information on a website or online forum,
●    posting information on social media or online tools – whatever your privacy settings, 
●    phoning,
●    publishing something in a newspaper, magazine, or book,
●    writing and posting a letter.

For information about who you can communicate with about your case outside court, go to Sharing information outside of court in family proceedings.

Do courts automatically split everything 50/50?

No, this is a common myth. The court looks at what is fair, and its top priority is making sure any children under 18 have a safe and secure place to live. If one person looks after the children most of the time, they may need a larger share to make sure the children are housed properly.

Can I get legal aid to help pay for a financial order?

Legal aid is now very limited. Even if you are on a low income, you can only get legal aid for a solicitor to help you with applying for a financial order if you can prove that you or your children have experienced domestic abuse and the person causing the abuse, often known as the ‘perpetrator’, was your ex.

What happens if I lie on my financial statement (Form E)?

You must be completely honest. The Form E (your financial statement) ends with a 'statement of truth'. If you deliberately hide money or property, you are lying to the court. The judge can decide that you are hiding assets and take this into account when dividing up what property and money there is clearly available. The judge may decide your behaviour amounts to 'contempt of court' If you are found guilty of contempt of court you can face a fine, unpaid work or even a prison sentence.

Emotional support  

Relate have lots of information on their website about a range of problems that can arise in relationships and families.

Restored Lives is a charity supporting couples and parents going through separation and divorce. They have free online resources and run courses in the community and online. These are not free, but you can ask for support with the fee if you are on a low income or a student.

How to find a family mediator

Anyone can call themselves a family mediator, so it is important to choose someone you can be sure is well trained and experienced. 

A good way to find a registered mediator is to use the search tool provided by the Family Mediation Council to find one near you. All Family Mediation Council registered mediators must follow a code of practice to maintain good standards in their work. If you are interested, you can find the code of practice on the Family Mediation Council website. 

If you follow up on a recommendation from family or friends, be sure to just check the name on the Family Mediation Council website so you know that the person is registered and either working towards being an accredited mediator or is accredited. This will give you reassurance that the mediator you choose is trained and experienced.

All the mediators included on the Family Medication Council website have been trained by providers approved by the Family Mediation Council and most are also accredited, which means that they are experienced mediators. Not all mediators do Legal Aid funded mediation, but those who do must be accredited – you can search for them by ticking the middle box on the search tool.

For more useful information on mediation as a process have a look at Family mediation.

How to find a legal adviser

For help finding a family lawyer a good place to start is Resolution where you can find lawyers by searching using your postcode. Resolution members must commit to helping you work out your legal problem in a non-confrontational way. A green tick next to the lawyer’s name tells you that they offer legal aid. You can find an accredited lawyer who is a specialist in finances on divorce by going to the ‘Find a law professional’ page. Then, click on ‘advanced search’.

You can also search for a specialist lawyer near you who has been accredited by the Law Society. This means they have a significant amount of experience and expertise and have passed a Law Society assessment. On the Law Society Find a solicitor page you can click on ‘More search options’ on the right at the bottom of the box. This gives more options to choose from. Here you can tick the accreditation box for ‘Family’ or ‘Family - advanced’, or both.

You can also find a family lawyer who offers legal aid via the GOV.UK website.

Another way to get legal advice is to speak to a barrister who is qualified to represent members of the public directly (without a solicitor being involved). There are limits on what a barrister can do outside of representation at court but it is often a cheaper option if you just want to get some advice rather than have a solicitor to negotiate on your behalf. The details of appropriately qualified barristers and an explanation of the way the system works can be found by going to Direct Access Portal. Don’t be afraid to phone around to compare prices or see if you can find someone who will give you the first appointment for free.

The Royal Courts of Justice Advice Bureau (RCJ Advice) may be able to help you if you:

• live in England or Wales,
• have a case in the Family Court, and
• are not already represented by a solicitor or barrister.

To book an appointment, please check their website for latest appointment details.

Rights of Women offers free, confidential legal advice for women in England and Wales on family law matters (for example, about domestic violence and abuse, divorce, cohabitation, finances and property on relationship breakdown, parental responsibility and arrangements for children and lesbian parenting).

• For women in England and Wales, call 020 7251 6577. Line open Tuesday to Thursday, 7pm to 9pm, Fridays 12pm to 2pm (closed on public holidays).
• For women in London, call 020 7608 1137. Line open: Mondays 10am - 12pm and 2pm to 4pm, Tuesdays 2pm - 4pm, Wednesdays 2pm - 4pm, Thursdays 10am - 12pm and 2pm to 4pm (closed on public holidays).

Paying for legal advice

Legal aid is only available to apply for a financial order in very limited circumstances. More and more lawyers are offering a wider range of products and services than in the past. These include:

• Free or low cost initial telephone consultations.
• Pay as you go advice – where you pay for the advice you receive at the time you get it. This can be helpful if you don’t mind doing some of the paperwork and admin involved yourself.
• Fixed fees – where you agree in advance what you are buying and what you are paying for it. This usually applies to longer pieces of work, for example, to negotiate a financial agreement.

It is okay to shop around and compare prices. Look carefully at what is and is not included to make sure you buy the right service for you.

Help at court or in hearings by video or phone call

Support Through Court supports people going through the court process without a lawyer. Volunteers offer a free and confidential service at some court buildings. You can look at their website to see if they have an office at your local court. The volunteers aim to help you manage your own case yourself. They cannot give legal advice or act on your behalf, but can offer practical help such as going to your hearing with you and supporting you with your forms. They can also help you if your hearing is by video or phone, by talking you through the process and sometimes joining the hearing too. They run a free national helpline 03000 810 006, open Monday to Friday 9.30am - 4.30pm. This is a good place to start for information on what they can do to help you.

Help and support for separating and single parents

Gingerbread provides practical support and other help for single parents. 

Coram Family Lives is a national charity providing help and support in all aspects of family life. Their helpline can give information, advice, guidance and support on any aspect of parenting and family life. Family helpline: 0808 800 2222 Monday to Friday 9am-9pm, Saturday and Sunday 10am - 3pm.

OnlyMums and Dads run a Family Separation Support Hub with information, articles, details of parenting courses and access to a directory of a range of professionals who can help with separation issues.

MATCH - mothers apart from their children is a charity that offers non-judgmental support and information to mothers apart from their children in a wide variety of circumstances. E-mail: [email protected]. Helpline: 0800 689 4104 9.30am- 1pm and 7pm-9.30pm, Monday - Friday.

Domestic violence and abuse

Always dial 999 in an emergency. If you cannot speak when you call you may be asked to cough or tap on the phone or enter the numbers 55. The operator will then know you are there and in danger and transfer you to the police.

For support or to discuss your options you can call the National Domestic Abuse Helpline on 0808 2000 247 or in Wales, Live Fear Free on 0808 80 10 800.

Both help lines are for anyone who is experiencing, or has experienced domestic abuse, or for anyone who is worried about domestic abuse happening to a friend, family member or colleague. It is free, confidential and the number will not show up on a BT telephone bill.

If you are a man affected by domestic abuse, or you are worried about someone you know who is suffering abuse, you can contact Men’s advice line who offer confidential advice, support and information - 0808 8010327 Mon–Fri 10am-5pm.

The National Centre for Domestic Violence provides a free, emergency injunction service to survivors of domestic abuse regardless of their financial circumstances, race, gender or sexual orientation. You can contact them on 0800 970 2070. Alternatively, you can text 'NCDV' to 60777 and they will call you back.

Galop runs a national helpline for lesbian, gay, bisexual and trans people experiencing domestic abuse. You can contact them on 0800 999 5428.

You can find more information and support from:

• Refuge
• Women’s Aid
• Welsh Women’s Aid
• Surviving Economic Abuse

If you are worried about your own behaviour towards your current or ex-partner, or are you concerned for someone you know who is being abusive, help is available to stop this at Respect Phoneline with non-judgmental advice and access to behaviour change programmes. Call 0808 8024040, Monday - Friday 10am-5pm.

Applicant 

The person who applies for a financial order.

Application 

How you ask a court to do something.

Chronology

A list of key events in date order.

Dissolution 

The legal ending of a civil partnership.

Divorce 

The legal ending of a marriage.

Financial Dispute Resolution appointment 

A confidential hearing at court where the judge tries to resolve your financial dispute with your help and agreement.

Financial statement (Form E) 

The form you complete to tell the court about your finances.

Non-court dispute resolution

The name given to different ways of sorting out your dispute outside the court process. There are various different methods including mediation and arbitration.

Notice 

This is an important court document. It tells you what is going on and what you need to do next.

Notice of a financial application (Form A)

The form that starts the process of asking for a financial order.

Notice of a first appointment (Form C) 

This tells you when and where your first hearing with a judge will take place. It also tells you what you must do before you see the judge and any deadlines you must meet.

Open offer 

This is where you make an offer in writing to your ex to settle your case that can be also seen by the court.

Position statement 

A short statement setting out your position on the case so far and what you are asking the court to do to help you resolve your dispute. 

Questionnaire 

A list of any other information or documents you want your ex to provide.

Respondent 

The person who responds to proceedings for a financial order.

Settle 

Sort out the case with your ex by reaching an agreement.

Statement of issues 

An issue is something you disagree about. A statement of issues is a brief summary of what you want the court to decide for you because you can’t agree them with 
your ex.

Without prejudice offer

This is where you make an offer in writing to your ex to settle the case that is ‘off the record’. This means that neither of you can mention the offer at court or in documents that go to the court except in relation to the financial dispute resolution hearing.

Disclaimer

The information in this guide applies to England and is for general purposes only. The law is different in Wales, Scotland and Northern Ireland.

The law is complicated. We have simplified things in the guide. Please don't rely on this guide as a complete statement of the law or as a substitute for getting legal advice about what to do in the specific circumstances of your case.

Acknowledgements

This guide was written and produced by Advicenow thanks to funding from the Ministry of Justice via the Online Advice and Support grant.

We would like to thank all those who provided feedback on this guide and took part in the pilot.