How to apply for a financial order without a lawyer

This guide is for you if:

• you are or were married or in a civil partnership, and
• you have started or finished divorce proceedings or proceedings to end a civil partnership, andyou cannot agree how to share out what you own between you, and
• you are applying or thinking of applying for a financial order, without the help of a lawyer, or with only limited help because you don’t have the money to pay for a lawyer to do the whole job for you.

It is also for people supporting others in this situation, for example Support Through Court volunteers, CAB volunteers, advice workers, and support workers as well as relatives and friends.

If you have what lawyers call a ‘high value’ case then this guide will only be of limited use. ‘High value’ cases are ones involving lots of money and property and possibly extensive business interests too. They often raise complex issues, which we cannot deal with in this guide.

If you are or were living together as a couple but were not married or in a civil partnership then this guide is not for you. This is because your legal situation is different.

Although this guide focuses on the applicant (the person who applies for a financial order) and what they need to do, much of it is equally relevant to the respondent (the person who has to respond to the application).

If you apply for a financial order without any legal help or with only limited help from a lawyer, then the law calls you a ‘litigant in person’. It may be that you and your ex are both litigants in person.

What does this guide do?

We help you apply to the court for a financial order by explaining what you need to do and how to do it. It also explains what a judge can do at the different hearings you may have to go to.

We try to explain any legal language as we go along, but there is also a section at the end of the guide called What does it mean? 

We do not explain what to do if you need financial support from your ex husband, wife or civil partner but you have not yet started divorce proceedings or proceedings to end a civil partnership. Nor do we explain how to stop your ex husband, wife or civil partner hiding or getting rid of money or property because they want to avoid having to share them with you. If you think you are in this situation, get legal help quickly. For information about where to get legal help, see More help and advice. 

Getting a little bit of legal help We know that many people can’t afford to pay a solicitor, or want to do as much as possible themselves to save money. But there are times in this process when you will find it really useful to get a bit of expert help from a family lawyer. To help with this, we have teamed up with Resolution to provide a panel of family solicitors that can help you at the most important points of this process for a fixed fee. You will see up front exactly how much their help will cost you – so that you can be certain you can afford it.  Because we know many of our users have limited funds, we have designed the process to make getting advice as cheap as possible for you by making sure that you use the solicitor’s time efficiently. How it works As you go through this guide, you will see various points where we suggest you get some legal advice if you can possibly afford it. At these points you will see the purple logo. We only do this when we think it will be really useful. We set out clearly what the solicitor can advise you on and how much it will cost you. There are no hidden extras. You will use the solicitor’s time effectively by: 1. reading the relevant sections of this guide, which will enable you to understand the process and where you are in it, and,   2. completing a form we send and sending it to the solicitor two working days before your appointment. This will tell the solicitor everything they need to know about your case in order to give you advice. You choose to have an appointment over the phone, by video conference, or face to face.  This service is designed to meet the needs of people with low to medium incomes and not many assets. If you have lots of assets or a high income you are welcome to use the service but you will probably need more advice than can be given in the appointments described here. Talk to your solicitor about what else you need. This will usually be charged at their normal hourly rate. During the appointment, you are encouraged to take notes of the advice given and the solicitor can help make sure you have got all the most important details. Make sure you ask the solicitor to explain anything that you don’t understand or repeat anything you need repeating. All of the solicitors on our panel are members of Resolution. Resolution members are family lawyers committed to helping people resolve their family disputes constructively and in a way that considers the best interests of the children. If you don’t want to use the service, you don’t have to. This guide will still be extraordinarily helpful.

When you split up there are lots of financial decisions to make. For example, whether to sell the family home, how to divide your savings, possessions, other property and pensions; and whether one of you should pay maintenance to the other. A ‘financial order’ or 'financial remedy order' is what the law calls a court order that sets out these decisions. You can find a list of the different financial orders a court can make here: The kinds of financial orders a court can make

A court can make these financial decisions for you if you cannot agree how to divide what you own yourselves or whether one of you should pay maintenance to the other. If you can agree, you can ask the court to approve your agreement. Either way, the order that is made is called a financial order.

The law

• 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. You can find information about family mediation in the next section.

• If you do end up going to court, the court will try to help you agree things between you where possible. Courts prefer not to make a decision for you.

• 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, 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'. You may hear a judge, lawyer or court staff talk about ‘ancillary relief’ - this is the same thing. It's just the old name for it. 

• 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 refer to 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.

In this section we explain what you need to do before you start court proceedings.

Mediation Information and Assessment Meetings (MIAM)

Anyone thinking of applying for a financial order must attend a Mediation Information and Assessment Meeting (MIAM) before making their application unless they are exempt or they are applying for their agreement to be turned into an order, known as a consent order. This applies whether you are applying for a court order yourself without the help of a lawyer (you are a ‘litigant in person’) or you are represented by a lawyer and whether you have legal aid or not.

The purpose of this meeting is to:

• give you information about how you might be able to sort out or divide up your finances without going to court; and
• assess whether mediation is a safe way for you and your ex to try and do this.

You need to contact an authorised family mediator to set up a Mediation Information and Assessment Meeting. They will invite you to attend a MIAM either separately or together with your ex. This might be at their office or by phone or video call.

You can find an authorised family mediator by searching here: Find your local mediator. If someone you know recommends a family mediation, just be sure to check on the Family Mediation Council website that the mediator is listed there as this tells you that they are properly trained and accredited.

What happens at a Mediation Information and Assessment Meeting?

The meeting will probably last about 40-45 minutes. The mediator:

• Explains what family mediation and other forms of dispute resolution are and how they work.
• Explains the benefits of mediation, other forms of dispute resolution, and the likely costs.
• Answers any questions you have about your situation and how mediation might work for you.
• Assesses whether you are eligible for legal aid for mediation or will have to pay for it.
• Assesses whether mediation or other form of dispute resolution is suitable in your case.
• Completes the relevant part of the Form A if you want to make a court application. (We talk more about the Form A and other form you need to do later).

Family mediation

Family mediation is not the same as ‘marriage guidance’; it is not intended to help you work out the differences in your relationship or about getting back together. In fact it is the opposite; family mediation aims to help you to agree how you will live apart. In a situation where you cannot agree how to sort out your finances, a family mediator can help you discuss possible solutions. But it is not the mediator who makes the decisions or agrees to a plan; it is you.

Trained mediators can help you talk to each other and find solutions, even when it is hard. They are there to assist you both and can provide you with a safe and supportive environment where you can work out solutions together. But, nobody has to use mediation. Once you have been to the Mediation Information and Assessment Meeting, you or the family mediator may decide there are reasons why mediation will not work. This may be because there has been domestic abuse in your relationship. It may be that one or more of you have a drug or alcohol problem or a mental health problem. That problem or illness may create such a big risk that it isn’t safe for mediation to take place.

Mediators cannot tell you whether the agreement you reach is fair and reasonable for you. So, if you do use mediation and get near to reaching an agreement it would be very wise to talk to a family law solicitor about the contents of the agreement before you go ahead and finalise it. Agreements made in mediation are not legally binding but it can still be hard to go back on what you agreed later on.

Circumstances when you don’t have to attend a MIAM

There are some circumstances when you don’t have to attend a Mediation Information and Assessment Meeting. For example, if your application is urgent or where there is evidence of domestic abuse between you.

You can find the full list of situations when you can ask the court to agree that you don’t have to attend a Mediation Information and Assessment Meeting (the law calls this ‘claiming an exemption’) in Practice Direction 3A here: MIAM exemptions

If you want to claim exemption from attending a Mediation Information and Assessment Meeting, there is a section of the application form (Form A) that you must complete if or when you apply for a court order. You can find a link to this form in the Forms and rules section below.

How much does it cost to go to a Mediation Information and Assessment Meeting?

If you are on a low income you may be able to get legal aid to cover the costs of mediation. Go to check legal aid to use the GOV.UK calculator, to see if you may be entitled to it.

Charges vary from one mediation service to another and sometimes according to your gross annual income. This is the money you earn each year before income tax and national insurance is taken off. When you phone a family mediator to arrange a Mediation Information and Assessment Meeting, ask about how much they charge and about legal aid. Some make no charge for the Mediation Information and Assessment Meeting itself but charge for completing the relevant section of the Form A.

If either you or your ex are entitled to legal aid then the initial Mediation Information and Assessment Meeting, completing the relevant section of Form A and the first mediation session are free for both of you. After that, any further mediation sessions will only be free for the person who has legal aid. You may also be able to get legal aid for help from a solicitor during the mediation process. If you are the person who isn’t eligible for legal aid, you will have to pay for any mediation sessions after the first one. 

You must take documents proving what your income is and what savings you have to the first meeting. The mediation service will explain what evidence of your means they need to see in more detail, but if you are not clear what to take with you, don’t hesitate to ring them and ask. Without this evidence you risk getting charged because the service won’t be able to assess your eligibility for legal aid. 

You can find out more about how mediation works by looking at A survival guide to family mediation.

Forms and rules

You can find the Form A on the GOV.UK website.  

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, representation and other help.

Domestic violence and abuse is any controlling, coercive, or threatening behaviour, violence or abuse. The abuse may be psychological, physical, sexual, financial or emotional. To apply for legal aid, you must be able to give your solicitor some evidence that you have suffered domestic violence or abuse from your ex. For further information about what counts as evidence, to go Legal aid for victims of domestic violence. Scroll down to the section called 'What counts as evidence'. 

Working out if you can get the right evidence and then actually getting it can be tricky and can take time. If you have found a solicitor willing to take on your case who does legal aid, they may be able to help you with this process.

If you do get legal aid, in many cases this is only a loan. If you are successful and get back or hang on to money or property you will be expected to repay the legal aid. The leaflet Paying for your civil legal aid - information for legal aid applicants (PDF) explains when you have to contribute towards or repay your legal aid and how to do it.

Going through a break up can be very demanding. There can be a lot to sort out, just at the time when you are least ready to face a long list of things to do. It can be hard to work out what is a priority and what can wait, if you are experiencing lots of different emotions all at once. Not understanding your legal position is, understandably, another serious worry. 

At this stage, if you can possibly afford it, you should get some legal advice early on in the process. This will help you get a good sense of where you stand and where you want to go from here. For example, with some legal advice you may find that you change your mind about applying to court.

Some people can get legal aid but if you can’t this next bit will help.

Get some legal advice

If you can possibly afford it, you should to get some legal advice on your options early on to help you work out where you stand.

Want more help?

Advicenow have teamed up with a selected group of solicitors to offer you help with this difficult part of the process at a more affordable price. Get expert advice for fixed fee.

Find out more

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 ask a family mediator to help you reach an agreement without going to court.

We explain these factors here:

The welfare of any child of the family under 18 years old
This is a very important factor and 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. 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.

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, the court can take their resources into account when deciding how to divide up your money and property. So if, for example, you live in accommodation provided by your new partner, this may postpone the time when you get your share of the family home. This is because you do not need it immediately to provide a home for yourself.

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 to go round, 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 owe 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 before you married or became civil partners, then the court may well take this period of time into account.

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 by looking after the home or caring for the family
This aims to eliminate any bias in favour of the main bread winner and to recognise the contribution of the main home maker and child carer – whatever their gender.

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 or behaviour which affects your finances before the court will consider taking it into account. Every case is different but the following examples give you an idea of the kind of behaviour the court may take into account: your ex attacked you, causing injuries that left you unable to work, hid money in a secret bank account or had a gambling problem that seriously reduced the amount of money available to share out between you.

The value of any benefit which either of you will lose the chance of acquiring
This is about things that you or your ex are 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. But this 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 have another guide that provides information about financial settlements for couples who are getting divorced or ending a civil partnership. It aims to help 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. You can find it here: A survival guide to sorting out your finances when you get divorced. 

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.

The law

You can find the principles at section 25 of the Matrimonial Causes Act 1973 (as amended) here: Matrimonial Causes Act 1973 and Part 5 of Schedule 5 of the Civil Partnership Act 2004 here: Civil Partnership Act 2004 - schedule 5.

In this section we explain the different financial orders a court can make. Courts can make one or more of these at the same time.

An order for maintenance pending suit
‘Maintenance’ is money paid to help support you or your ex. ‘Pending suit’ means that the money is paid in the short term, up until the case is finished or the court makes a different order. Maintenance is paid regularly at a particular time, for example, monthly. Another name for maintenance pending suit is 'interim maintenance'. When a final order is made for maintenance to be paid, the court calls this order a periodical payments order.

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. The difference between ‘maintenance pending suit’ and a ‘periodical payments order’ is that a ‘periodical payments order’ provides for maintenance to go on being paid after your financial case is over. The amount paid can be the same as or different to the amount paid as maintenance pending suit.

The court will specify either that the periodical payments order continues until you or your ex dies or the person getting the maintenance remarries or registers a new civil partnership. Or the court will specify that the periodical payments order ends at a specific point in the future, which you may hear referred to as a ‘term order’.

If you get a term order, you may be able to ask the court to extend the length (this is called the term) of the order as long as you do this before the time period runs out and there is no court order preventing an extension.

Once a court makes a periodical payments order, you or your ex can make a new application to the court to change (the word the court uses here is vary) the amount paid. If you are the person paying the maintenance, you might want to do this, for example, if you lose your job and so cannot afford the payments. If you are the person getting maintenance, you might want to do this, for example, if your ex gets a large pay rise so could afford to pay more in maintenance, or you lose your job or have serious ill-health so you are unable to work and need more maintenance.

Secured provision order
This is also an order for maintenance but one where the person paying the money has to give some security. A security is a right over something valuable belonging to them, for example an investment property or inheritance. This means that if they do not pay the maintenance, the person who was due to get it has another way of getting the money they are owed. These orders are very rare.

Planning to remarry or register a new civil partnership? 

• Any maintenance you get for yourself from your ex will usually stop if you remarry or register a new civil partnership. Maintenance for children is different: this does not stop if you remarry or register a new civil partnership.
• If you have not already applied to the court for financial help for yourself from your ex before you remarry or register a new civil partnership, it is too late! It is best to sort out your finances first, before you remarry or register a new civil partnership, because you cannot apply afterwards (save for certain pensions orders). At the very least, you must complete your Form A and take it to the court for the court to issue your application before you re-marry or enter into a new civil partnership.

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.

Property adjustment order
This order sets out what is to happen to any property you and your ex own separately or together, for example, your home, the contents of your home or a car.

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 in a different way. The court can also transfer a tenancy (including council and housing association tenancies), for example, from your joint names into your sole name or the sole name of your ex.

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, get some legal advice as soon as possible. See More help and advice - financial order.

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.

Pension attachment order
This is an order for some or all of your ex’s pension income or lump sum to be paid to you, when they start receiving it.

Pension compensation sharing order
This is an order stating that any compensation from the Pension Protection Fund must be shared.

Pension compensation attachment order
If you or your ex are due compensation from the Pension Protection Fund, this order tells the people managing the fund to pay a proportion of your ex's pension to you once your ex starts receiving income from it.

Nominal order
This is an order for a minimal amount of maintenance (for example 1p a year) to be paid. If you get a nominal order, this keeps open the possibility of asking for more in the future if your or your ex’s circumstances change, for example, because of your redundancy, serious ill-health or disability, or because your ex gets a large pay rise.

The court will specify either that the order continues until you or your ex dies or the person getting the maintenance remarries or registers a new civil partnership, or that the order ends at a specific point in the future, which you may hear referred to as a ‘term order’. You may be able to ask the court to extend the length (the court calls this the term) of the order as long as you do this before the time period runs out and there is no court order preventing an extension.

Clean break order
This order makes clear that your financial responsibility for each other is over. This means neither of you has to pay maintenance to the other on an ongoing basis. It usually also means that you cannot ask to inherit anything from your ex if they die. These orders are only suitable when there is enough money to make both of you self sufficient. The court will consider whether to make this kind of order in every case. It is not always the right thing to do. Whether the court makes one in your case will depend on your individual circumstances.

Payment for legal services order
This is an order that you or your ex pay the other money to help with the legal costs of applying for a financial order. Legal costs are what you spend on a lawyer.

The court will only make this kind of order if the person who asks for the order can show that they have no other way of paying for their legal costs, for example, by getting a loan. The court will not make an order if it means that the person due to pay will end up not being able to pay their own legal fees or if it would cause them undue hardship.

Get some legal advice

If you can afford it, it will be very helpful to get some legal advice on what financial orders the court could make in your case.

Want more help?

Advicenow have teamed up with a selected group of solicitors to offer you help with this difficult part of the process at a more affordable price. Get expert advice for fixed fee.

Find out more

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. Whether you are successful will depend on the attitude of you and your ex to solving your problems this way. If one or both of you are not willing to negotiate or refuse to go along to mediation then you may have no choice but to go to court. However, all that happens if you will not or cannot negotiate an agreement, with or without the help of a mediator or solicitor, is that you reduce your joint assets by the amount you then have to spend going to court. This leaves less to share out between the two of you, and your children, if you have any.

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 won’t 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. You can find it here A survival guide to sorting out your finances w

Try to agree how to divide your possessions. No judge wants to discuss who gets the sofa and who gets the kitchen table. You could suggest that one of you makes a list of all your joint possessions, gives the other a copy and then you each mark what you would like to keep. It may turn out you do not want the same things anyway! Where you do, then a little give and take (‘If you have this, is it okay if I have that?’) may mean you can still reach an agreement.

Reasons for sorting out your finances by negotiation and agreement (the court calls this settling) instead of going to court or all the way to a final hearing:

• It can be less stressful for you and any children. √
• It can be quicker. √
• It can be cheaper. √
• It can create more certainty about the outcome. √
• You can include things in your agreement that a court cannot order, for example, that your ex pays a debt on your behalf.√
• You and your ex decide what happens instead of a judge imposing their decision on you. √

Domestic abuse

If your ex has been abusive to you in the past or is still being abusive think very carefully about whether or not it is safe for you to deal directly with them about your finances. If you are on a low income and can get evidence of the abusive nature of your relationship you may be able to get legal aid -  Check if you can get legal aid on the GOV.UK website. Be aware that if you do qualify for legal aid you may be asked to pay a contribution either from your income (on a monthly basis) or from any capital (savings) you may have. Legal aid should be seen as a loan rather than a gift. This means that if you receive legal aid and then at the end of your case you keep or get property or money you will need to pay back your legal aid costs.

Get some legal advice

If you can afford it, it will be very helpful to get some legal advice on how you can sort things out through negotiation with your ex and avoid going to court.

Want more help?

Advicenow have teamed up with a selected group of solicitors to offer you help with this difficult part of the process at a more affordable price. Get expert advice for fixed fee.

Find out more

If you reach a financial agreement with your ex, you can ask the court to approve the agreement and turn it into a court order. These agreed orders are called ‘consent orders’. The court can make an order that you both agree with at any time during the financial proceedings, as long as you have the conditional order. This way, you get an official record of what you have agreed and a court can make sure that the agreement becomes reality – the law calls this ‘enforcement’. If you don’t turn your financial agreement into a consent order, and your ex changes their mind and will not comply with the agreement, the court cannot enforce it for you.

Even when you are divorced, if you don’t have a consent order that sets out your agreement either of you can apply to the court for an order that might be totally different to what you have agreed between you. Either of you can do this unless or until you remarry or enter into a new civil partnership.

Turning even a simple agreement into a draft consent order that a judge will accept is not easy. You may well decide you need to ask a lawyer to prepare a draft consent order for you. Or, it may be that your ex has asked a solicitor to prepare a consent order that sets out what you have agreed or, what your ex believes you have agreed. A consent order is full of legal terms, which can be confusing and intimidating. There may be parts of the consent order that you don’t understand but which could have a real impact on your financial situation in the future. 

You will need to fill in Form D81 (Statement of information for a consent order) and attach the draft consent order you are asking the court to make to it. You can find this form by searching ‘Form D81’ online.

You can both fill in the same form or do one each but even if you do one each, you have to see each other's forms before you send them to the court. The court may want to see you to discuss the information you give in the form and the order you want made.

You also need to fill in the Form A and send that with the draft consent order to the court. The Form A is the form that you need to use to apply to the court for a financial order or, if you have a draft consent order, for the court to consider it and hopefully approve it. 

Get some legal advice

If you can afford it, it will be very helpful to get some legal advice on a draft consent order prepared by your ex’s solicitor.

Want more help?

Advicenow have teamed up with a selected group of solicitors to offer you help with this difficult part of the process at a more affordable price. Get expert advice for fixed fee.

Find out more

The financial agreement or final order made by the court may affect your benefits claim. If you are claiming means tested benefits, you should get advice about this before you start negotiating. Go to More help and advice. Means tested benefits include benefits such as Income Support, income-based Job Seekers Allowance, income-related Employment and Support Allowance, Universal Credit or Housing Benefit.

Generally, if you have no savings before you reach an agreement with your ex then you can receive up to £6,000 from them without this affecting your means tested benefits. (If you get Pension Credit, the amount you can receive before it affects your benefit is a more generous £10,000.) If you get between £6,000 and £16,000 from your ex, then the Department for Work and Pensions will reassess you and may reduce or stop your means tested benefits. If you get £16,000 or more (£10,000 or more if you are on pension credit) then your means tested benefits will stop completely.

Entitlement to welfare benefits changes all the time. Check the impact of any proposal about how to split your money and property on your benefit income before you agree it. There is a range of different benefits calculators on the GOV.UK website.

Whether you are using a solicitor or doing it yourself, it’s useful to have an understanding of what is involved in a typical application for a financial order. Even though your case may be different, we hope it makes the process seem a bit less daunting.

You will come across lots of new technical words. This is the jargon that lawyers and court staff use. We think there's no getting around it - you have to understand what it means too. We explain these words here What does it mean? (financial order).

Sometimes we describe the court as ‘doing’ things, for example, sending out a form or making a decision. It sounds a bit odd because a court is really a place. But ‘the court’ is often used as shorthand to refer to the people working in the court.

The story so far.......
Pat and Mo have been married for 8 years. They have 2 children; one is 6 years old and the other is 4. Pat moved out a year ago and Mo has started divorce proceedings. Mo lives in the family home and looks after the children, although the children see Pat regularly. The house is owned jointly by Mo and Pat. This is a step-by-step description of how Mo applies for a financial order. We don't describe the steps Pat has to take as well. The procedure would be the same if Pat and Mo were a same sex couple.

START

1. Mo arranges a meeting with a family mediator. At the end of the meeting the mediator fills in the relevant part of Form A and gives it to Mo. The Form A is the form that starts the process of asking for a financial order - for more information about this form, see Applying for a financial order.

2. Mo fills in a Notice of a financial application (Form A) and signs and dates it. 

3. Mo makes two photocopies of the Form A, so she has one for the court, one for Pat and one for her to keep.

4. Mo sends the Form A and the copies to the court, following the instructions at the end of the form on where to send it. She completes Form EX160 applying for help to pay the court fee and includes that as well.

5. The court sends Mo and Pat a Notice of a first appointment (Form C) and Form A.

6. Mo checks Form C to find out what documents she has to prepare before the first appointment. Form C tells her she must send the court (and copies to Pat):

• a financial statement(Form E) - the form you fill in to tell the court about your finances. Buy our extended guide for more information about this form and how to complete it.

• a statement of issues - a brief summary of what you want the court to decide for you because you cannot agree them with your ex. Find more information about how to prepare a statement of issues in our extended guide.

• a chronology - a list of key events in date order. Find more information about how to prepare a chronology in our extended guide.

• a questionnaire - a list of any other information or documents you want your ex to provide. Find more information about how to prepare a questionnaire in our extended guide.

• a completed Form G - the form that asks you to tell the court and your ex whether or not you will be ready to negotiate an agreement at the first appointment.

7. Mo checks Form C again and makes a note of the different deadlines – the dates when she must get these documents to the court and Pat.

8. Mo sends a copy of her Form A and Form C to the Tunstone Building Society – the company that lent her and Pat the money to buy their home.

9. Over several weeks, Mo collects together all the information she needs to fill in Form E fully.

10. Mo also starts collecting the documents she must attach to Form E as evidence of what she says in the form.

11. Mo fills in her Form E. (Mo uses the Advicenow film How to fill in your financial statement to help her.)

12. Mo and Pat agree a date (in good time before the deadline set by the court) when they will send their Form E to the court and a copy to each other.

13. Mo sends her Form E to the court and a copy to Pat as agreed. Pat does the same with his Form E.

14. Mo reads through Pat’s Form E carefully. She makes a list of questions about things that are not clear and about an insurance policy that he does not mention.

15. Mo prepares a statement of issues, a chronology, a questionnaire and completes Form G.

16. Mo sends them to the court and copies to Pat in time to meet the deadline.

17. Mo and Pat go to court for the first appointment. They both take copies of their documents with them and a notebook and pen.

18. The judge looks at all the documents provided by Mo and Pat. The judge decides that the court needs to know the value of Mo's and Pat's house. The judge tells Mo and Pat to instruct a surveyor to value it. The surveyor has to provide a report on the value in 4 weeks.

19. The judge also fixes a date for the Financial Dispute Resolution appointment. This is a meeting where the judge tries to resolve your financial dispute with your help and agreement - for more information about this hearing see The financial dispute resolution (FDR) appointment.

20. Mo and Pat instruct a surveyor to value their house. The surveyor sends the valuation report to the court and a copy to Mo and Pat.

21. At the Financial Dispute Resolution appointment, Mo and Pat take it in turns to tell the judge what they are finding difficult to agree and what result they are looking for.

22. The judge explains what order the court would probably make if this was the final hearing. The judge suggests a way of resolving the dispute and gives Mo and Pat a short break to think about the suggestion.

23. Mo and Pat decide that the judge’s suggestion is probably the best result they can get.

24. The judge makes an order.

25. The court sends both Mo and Pat a copy of the order.

FINISH

The process above talks about going to see a mediator in person and about going to court for each hearing. Now, you may find that meetings with a mediator take place by video call, rather than face to face. Some court hearings are now taking place by video call or phone. The court will tell you beforehand how your hearing will take place.

In this section we explain which court to use, where you can find the forms 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 can instructions on where you need to send your application, at the end of the Form A.

Forms

In this guide we try and help you by including a link to those forms that are most relevant.

Often the easiest way to find a form, if you know its name, is to just search for it online. You can also find the forms you need by going to court and tribunal forms. Go to section D and choose ‘Divorce and Civil Partnership Dissolution forms’.

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 EX50 court fees. This will take you to the GOV.UK page with guides in both English and Welsh.

If you have a draft consent order you would like the court to consider and approve, the fee is a lot less than if you are applying for the court to deal with your dispute on finances.

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, 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 and your savings or other capital don’t exceed certain limits. 

You can ask for help paying court fees by completing form EX160. On the same webpage you can choose to do the form online, which you may find is easier and quicker. 

You have to complete a separate application for each court fee you want help paying. This may mean you have to complete this form more than once during your case.

If you do have to pay part of or the whole fee, it is possible your ex may be willing to share the cost with you, especially if you are applying for a consent order.

We have written a guide called Getting help to pay a court fee in a family or civil case that you may find helpful.

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. You can find the rules here Family Procedure Rules.

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 do not 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 will try to help you do this by including any key rules in this guide.

How long will it take?

There are usually 3 stages in an application for a financial order when you cannot agree on what should happen: the first appointment, the financial dispute resolution appointment and the final hearing.

It can take over a year if you cannot reach an agreement and your case ends up going all the way to a final hearing. It may take longer if you or your ex is slow to share information about your finances or your situation is complex, perhaps involving things like a family business, complicated pension arrangements or a trust. But if you can reach an agreement, you may not need to go through all 3 stages.

Be aware that the court expects you to negotiate with each other responsibly and reasonably at each stage. We explain each of these stages, and what you need to do at each stage, later in this guide.

Costs

How much will it cost?

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, misleading the court or your ex or carrying on trying to make unreasonable arguments.

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.

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 courts 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.

Another option to help you stay on top of your costs is our Affordable Advice Service. While reading this guide you will have seen that, at various points, we suggest you get some legal advice if you can possibly afford it. We only do this when we think it will be really useful. We set out clearly what the solicitor can advise you on and how much it will cost you. There are no hidden extras. For more information on this scheme take a look at Expert help from our panel of family law solicitors.

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 look at the Bar Council direct access portal website.

If you have a solicitor, they must provide the court with an estimate of costs at every hearing. This way you can see what is coming out of your shared pot of money and assets before it is divided between you.

If you don’t have a solicitor, you may have to complete Form H yourself. Check with court staff at the court dealing with your case.

This estimate of costs must be provided on Form H. You can find the Form H on the GOV.UK website. 

If your case goes to a final hearing you will need to use Form H1. We talk more about the final hearing later. 

Get some legal advice

If you can afford it, it will be very helpful to get some legal advice on the practicalities of how long it will all take and how much it will all cost.

Want more help?

Advicenow have teamed up with a selected group of solicitors to offer you help with this difficult part of the process at a more affordable price. Get expert advice for fixed fee.

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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 an application for a financial order. This is 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 tick it anyway. This keeps all your options open.

Checklist for starting an application for a financial order

What happens next?

The court office arranges an appointment for you and your ex to see a judge at a hearing roughly 12-16 weeks after you start your application. This hearing is known as the first appointment. For further information see The first appointment (financial order). The gap between applying for a financial order and the first appointment may seem long, but it is deliberate. You have got a lot to do to get ready for this first hearing.

The court will send both you and your ex a Notice of a first appointment (Form C). A notice is a bit like a letter. They are the way courts tell you what is going on and what you need to do next. This one tells you when and where you will first see a judge. It also tells you what you need to do before then.

Get some legal advice

If you can afford it, it will be very helpful to get some legal advice on how to start the process of applying for a court order.

Want more help?

Advicenow have teamed up with a selected group of solicitors to offer you help with this difficult part of the process at a more affordable price. Get expert advice for fixed fee.

Find out more

What is Form E?

Form E is your financial statement. You use this form to tell the court about your finances. You may hear a judge or court staff or lawyers refer to this statement as ‘Form E’. This is because ‘Form E’ is the form number. It is printed at the bottom of the form.

Be honest and provide all the information Form E asks you for. If you are dishonest or leave things out, then the court is less likely to believe other things you tell them. You don’t need to include information about your ex’s finances; they have to fill in a Form E of their own.

Buy our extended guide for detailed information about how to fill in Form E. In our extended guide we explain every question, section or box that we think are a bit tricky or easy to misunderstand.

When do I have to fill in Form E?

You must fill in Form E and send it to the court and a copy to your ex at least 35 days before the first court hearing (known as the first appointment). You may think this gives you plenty of time. But you will be surprised how much work is involved and before you know it the deadline will catch up with you. So don’t hang about or put it off thinking you have got lots of time.

Filling in Form E - top tips!

• Try not to be put off by its length. The form comes in five sections. Most people find it time consuming to gather together all the information it asks for and to fill it in. It may be easier if you fill in one section at a time.
• Get to work on getting information about your pensions right away - this can take a long time!

• If you do not have any valuable possessions and few savings, are an employee or on benefits, then it will probably take you less time to complete.

• Use Form E to tell the court about everything you own. If you are not sure whether to include something, put it down and the judge will decide whether or not to take it into account.

• You can write or type ‘N/A’ (not applicable) in the sections that do not apply to you.

• Take your time filling in Form E properly. If you rush it and make a mistake or forget to include something, it may look as though you are trying to hide things, even if this is not true. You risk creating a bad impression. If you deliberately lie on the form, you could be found in contempt of court. Contempt of court proceedings can be brought against a person who signs a statement of truth in a document but gives false information. If found guilty the punishment for contempt of court is up to two years in prison or a fine or both. The court is likely to take this behaviour into account when it makes its decision about your case.

• Look out for the shaded boxes at various points in the form. They tell you what documents you need to attach to Form E to support what you say.

• Keep copies of any letters or emails you write asking for this proof. That way if nothing arrives in time for the first appointment you can show that you have asked for it. If you phone, then make a note of the date and time of your conversation, the name of the person you spoke to and what you both said.
• Watch Advicenow's film about how to fill in your financial statement (Form E) - How to fill in your financial statement (Form E) - film.

Forms and rules

You can find Form E (and a Welsh/English bilingual version) and notes to help you fill it in here:

Form E

Get some legal advice

If you can afford it, it will be very helpful to get some legal advice on how to complete the trickiest bits of your Form E. 

In order to access the advice at this reduced price you need to have read all the guidance in our extended guide (available to buy above) and watched our film How to fill in your financial statement. If after that you are still stuck, get advice from a solicitor on our panel. 

Want more help?

Advicenow have teamed up with a selected group of solicitors to offer you help with this difficult part of the process at a more affordable price. Get expert advice for fixed fee.

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• If you have a mortgage, send a copy of your application (Form A) and the notice of first appointment (Form C) to the bank or building society that lent you the money.
• If you have a pension, look at A survival guide to pensions on divorce to find out how to get information on any state and private pensions you may be entitled to. 

• Fill in Form E and collect together the evidence to send in with it. Buy our extended guide for detailed information about how to fill in Form E.

• Prepare a Statement of issues - find out more about how to do this and see an example in our extended guide.
  

• Prepare a Chronology - find out more about how to do this and see an example in our extended guide.

• Fill in Form G - find out more about this in our extended guide.
• File a Questionnaire - depending on what your ex says in their Form E. Buy our extended guide to find out more about how to do this and see an example.

• Send these forms to the court (and copies to your ex) within the deadline given on Form C.

• Fill in and agree the case summary with your ex - find out more about how to do this in our extended guide.

• Fill in and agree a schedule of assets and income with your ex - find out more about how to do this in our extended guide.

• Prepare the bundle - this is a file of all the important documents about the case.  If the court asks you to prepare the bundle you need to do this. Find out more about how to do this and see an example in our extended guide.

• Fill in Form H - this is form where you set out how much the case has cost you so far. Find out more about how to do this in our extended guide.

Get some legal advice

If you can afford it, it will be very helpful to get some legal advice on how to prepare for the first appointment, in particular in preparing your Statement of issues, Chronology, and Questionnaire. In order to access the advice at this reduced price you need to have read all the guidance in our extended guide (available to buy above).

Want more help?

Advicenow have teamed up with a selected group of solicitors to offer you help with this difficult part of the process at a more affordable price. Get expert advice for fixed fee.

Find out more

This is your first, short hearing with a judge. It usually last about 30 minutes. You and your ex must both attend. You call the judge ‘sir’ or ‘madam’. The aim is to make sure you have each provided all the information the court needs to work out how much you own, both together and separately. Take a notebook and pen with you to write down anything important.

If you are comfortable talking to your ex, think about getting to court early and trying to see if there is anything you can agree between the two of you before you see the judge.

During the height of the Covid pandemic court hearings were held by video or phone call. Many hearings are now back, face-to-face, in court buildings. However, some hearings are still taking place this way, especially shorter, less complex ones like first hearings. If your hearing takes place by video or phone call then it will be a bit different. The court will contact you by letter, email or phone to let you know how the hearing will take place. If it is by video or phone they will explain more about the process for joining the hearing. To understand more about hearings that don’t take place in a court building you can take a look at our short guide Court and tribunal hearings by video or phone call.

Regardless of how the hearing takes place the judge can do a number of things at the first appointment, for example:

• Give more instructions (the law calls these ‘directions’) about what you need to do before a judge can decide your case.
• Decide which questions on the other's questionnaire you and your ex should each answer.
• Decide whether your case needs the help of an expert to value something you cannot agree on, such as the family home.
• If you both agree, make a final order.
• Delay the case (the law calls this ‘adjourn’) for a while to give you both a chance to see a family mediator.
• Treat the first appointment as a financial dispute resolution appointment and indicate what order the court might make if the case goes on to a final hearing.
• Fix a date for a financial dispute resolution appointment. If it is clear that you are not going to be able to reach an agreement, the judge may just fix the date for the final hearing and not bother with a financial dispute resolution appointment. 
  

Frightened of meeting your ex at court?

If you are worried about meeting your ex at court because they have been violent or abusive to you in the past, phone the court and tell them this. Ask them to make arrangements for you to wait for the hearing in a safe place. When you arrive at court, ask security to show you where to go. 

Other options might be available at your local court, such as a screen in the court room so you don’t have to see your ex. Some court buildings have separate rooms you can be in while you address the judge via a videolink so you don’t actually have to go into the court room itself.

You can also ask them to help you arrive at court and leave separately from your ex, via a different exit.

Representing yourself

Advicenow has made this short film to help you represent yourself in the Family Court - Representing yourself in family court - film.

We know that going to court without a lawyer is a very frightening and stressful experience and we want to help. The film looks at the questions people who have represented themselves told us they worried about most and shows you simple tips that you can use to help you put your side as well as you can.

Between the first appointment and the financial dispute resolution appointment

After the first appointment, you and your ex should complete all tasks given to you by the judge at the first appointment by the deadlines given. This may include, for example, completing your answers to each other’s questionnaires, sending these answers to the court and a copy to each other, and getting an expert to value your family home.

Before the financial dispute resolution appointment you also need to do the following, (unless the judge tell you that you don't need to): 

• provide your up-to-date case summary (ES1 template) that you need to agree with your ex, if you possibly can, 
• provide your up-to-date schedule of assets and income (ES2 template) that you need to agree with your ex, if you possibly can,
• prepare an up-to-date court bundle if you are the applicant, and, 
• fill in fresh Form H about your costs.

We explain how to do all these things in the extended guide. 

Get some legal advice

If you can afford it, it will be very helpful to get some legal advice on what to do after you have attended the first appointment.

Want more help?

Advicenow have teamed up with a selected group of solicitors to offer you help with this difficult part of the process at a more affordable price. Get expert advice for fixed fee.

Find out more

If you did not reach an agreement at the first appointment, the court will expect you to make a proposal for settling your case before the financial dispute resolution appointment - as long as you have all the information you need about your ex’s finances. If you have not really thought about what you want, you should do this now. If you rent your home from the council or a housing association, and the tenancy is in your joint names, do you want it transferred into your sole name? 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 A survival guide to sorting 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.

Once you have worked out what you think is fair in your circumstances, write to your ex (or their solicitor if they have one) suggesting a way of reaching an agreement in your case. The law calls this ‘settling’ a case.

If your ex makes you a proposal, the court will expect you to think about it seriously. If you or your ex refuses to negotiate, the court can order you to pay some of the other’s legal costs.

Get some legal advice

If you can afford it, it will be very helpful to get some legal advice on how to prepare for the financial dispute resolution appointment.

Want more help?

Advicenow have teamed up with a selected group of solicitors to offer you help with this difficult part of the process at a more affordable price. Get expert advice for fixed fee.

Find out more

This is a hearing, usually lasting up to about 1 hour, where the judge tries to resolve your financial dispute with your help and agreement. You may hear lawyers and court staff call this appointment the FDR for short.

The judge cannot make a decision for you at this hearing. What the judge will do is 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 must both attend. If you have children at school, try and arrange for a family member or friend to pick them up in case the hearing goes on longer than expected. Remember that several other cases will be in the court diary at the same time as yours, so just because it says you have to be at court for a hearing at 10am it does not mean you will see the judge at 10am. You still need to be there on time though, as the judge may call you in at 10am. 

The address of the court where you need to go for this meeting will be on the notice the court sent you telling you the date and time of the hearing.

Again, it might be that the court decides this hearing should take place by video call or phone. The court will contact you beforehand to let you know if this is the case. For more help and information on hearings by video or phone take a look at our guide called Court and tribunal hearings by video or phone call.

Things you need to do before the hearing

If you are the applicant, you must write to the court at least 7 days before this hearing takes place explaining:

• what proposals you have made for reaching an agreement with your ex,
• what your ex’s response was, and
• what proposals your ex has made to you.

Enclose copies of the letters or emails you have written and received.

During the hearing

You and your ex will each have the chance 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. If you need maintenance, the judge will want you to suggest how long this should last.

The judge cannot make a decision for you at this hearing. But what the judge will do is give an opinion about what the court is likely to order if your case goes all the way to a final hearing. The hope is that if you get an idea of the likely outcome in your case, it may be easier for you to reach an agreement. You will probably then get some time to discuss the judge’s advice to see if an agreement is possible. You may be able to agree some things but not others at this meeting.

It is a confidential meeting. This means that nothing that is said or discussed at this meeting 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 three things at the end of a financial dispute resolution appointment:

• Fix another financial dispute resolution appointment, or
• Make a consent order, or
• Give directions for a final hearing (sometimes lawyers and court staff call this 'trial').

If you cannot reach an agreement at this hearing, the court will give instructions (the court calls these instructions 'directions') about what you and your ex need to do next. This may include, for example, an order that you get an updated valuation and that you and your ex each file a ‘narrative statement’.

A narrative statement is one that sets out the case of the person making it with reference to the factors described here What the court takes into account when it makes a decision (financial order). Use each factor as a heading and deal with each one in turn. Some will probably be more relevant than others in your particular case. This way you will provide a summary of the main issues in your case. You can attach evidence to your narrative statement but only if this is new evidence, that the court has not already seen. You must be careful not to mention the negotiations you and your ex had at the financial dispute resolution appointment or what the judge said in your narrative statement.

Get some legal advice

If you can afford it, it will be very helpful to get some legal advice on how to avoid a final hearing.

Want more help?

Advicenow have teamed up with a selected group of solicitors to offer you help with this difficult part of the process at a more affordable price. Get expert advice for fixed fee.

Find out more

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 (financial order).

Before the hearing

If you are unable to reach an agreement and you have to go to a final hearing you may be asked to prepare or update the court bundle. We explain more about this and how to do it in our extended guide.

You also need to update the forms you sent to the court just before the dispute resolution appointment so that the judge who deals with the final hearing has all the up to date information they need. These are:

• case summary,
• schedule of assets and income, and,
• form H1.

You can read more about these forms and how to prepare the bundle in our extended guide.

During the hearing

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 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 court 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.

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.

If you are representing yourself but your ex has a lawyer to represent them, take a look A survival guide to going to court when the other side has a lawyer and you don’t. Even if your ex doesn’t have a lawyer some bits of this guide will still be useful. 

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• Get organised!

• Write the case number on any letters, documents or forms you send to the court. This way they will get linked up with your case.

• Collect information about your finances and keep it safe and organised.

• Keep copies of any letters or emails you send or receive as well as court papers in date order in a folder.

• Whenever you send something to the court such as a form or document, make sure you also send a copy to your ex, and keep a copy for yourself! The court will not do this for you.

Emotional support  

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

How to find a family mediator

If you are looking for a family mediator you could ask friends and family for a recommendation or your solicitor, if you have one. It is a good idea to check any recommendations using the family mediator finder service on the Family Mediation Council website.

It is fine to phone around, ask how much they charge and compare prices.

For more useful information on mediation as a process have a look at A survival guide to family mediation.

How to find a legal advisor

The Royal Courts of Justice Advice Bureau 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.

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

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 have lots of information on a wide range of issues, including benefits and tax credits, childcare, separation, work, housing and child maintenance. If you can’t find the information you need on their website you can call their helpline 0808 802 0925. The helpline is open Mondays: 10am to 6pm, Tuesdays/Thursdays/Fridays: 10am to 4pm, Wednesdays: 10am-1pm and 5pm-7pm. The helpline is closed on all public holidays.

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 offers online support to parents going through divorce or separation.  The site has a free web chat facility and email exchange service.  OnlyMums and OnlyDads run the Family Law Panel, which links you up to specialist family law solicitors, barristers or mediators near you for a free initial conversation either on the phone or by email to help you work out how to go forward. 

OnlyDads offers online support to parents going through divorce or separation.  The site has a free web chat facility and email exchange service.  OnlyMums and OnlyDads run the Family Law Panel, which links you up to specialist family law solicitors, barristers or mediators near you for a free initial conversation either on the phone or by email to help you work out how to go forward. 

MATCH - mothers apart from their children is a charity that offers non-judgemental support and information to mothers apart from their children in a wide variety of circumstances. E-mail: enquiries@matchmothers.org. Helpline: 0800 689 4104 9am- 1pm and 7pm-9.30pm, Monday - Friday.

Domestic violence and abuse

Always dial 999 in an emergency.

For support or to discuss your options you can call the National Domestic Violence 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-8pm.

The National Centre for Domestic Violence provides a free, emergency injunction service to survivors of domestic violence 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-judgemental advice and access to behaviour change programmes. Call 0808 8024040, Monday–Thursday 10am-8pm and Friday 10am-5pm.

We have tried not to use legal jargon in this guide. However, you are likely to come across it so here is our quick guide to what it all means.

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 meeting 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. For more information about this form, see How to fill in Form E.

First appointment - the first, short hearing with a judge. For more information about this hearing, see the section called The first appointment - (financial order)

Narrative statement – a statement that sets out the case of the person making it with reference to the factors explained in the section called What does the court take into account when it makes a decision? (financial order)

Notice – a notice is a bit like a letter. They are the way courts tell you what is going on and what you need to do next.

Notice of an application for a financial order (Form A) - the form that starts the process of asking for a financial order. For more information about this form, see Applying 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.

Notice of response to first appointment (Form G) – the form you complete to tell the court and your ex whether or not you will be ready to negotiate a settlement at the first appointment.

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.

Disclaimer

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

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

Acknowledgements

This guide was originally written and produced by Advicenow with funding from the Family Justice Council. This version of the guide was updated thanks to funding from the Ministry of Justice and The Access to Justice Foundation through the Legal Support for Litigants in Person grant.

We would like to thank all those who provided feedback on this guide and took part in the pilot, particularly Melanie Bataillard-Samuel of MBS Family Law.

 

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