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. Here is a list of the different 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

You can find the main bits of law about financial orders by going to Matrimonial Causes Act 1973.

If you’d like to have an idea of the things the judge will consider when making a decision on a financial order, look at section 25 of the Matrimonial Causes Act.

You can find the most important court rules here: Applications for a financial remedy and here: Hearings and directions appointments

• 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 more about this 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. 
• 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 – the judge will expect you to try and reach an agreement out of court, by yourselves or with help from others – we talk more about this later.
• 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'. 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 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.

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.

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.

Applying for legal aid

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.

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. 

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.

All of these emotions can prevent you from making progress. If you can access some legal advice now, it can really help. 

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.

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 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, 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.

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. 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 will almost certainly 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 which affects your finances before the court will consider taking it into account. 

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. The court will try and achieve this, 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.

Our guide Sorting out your finances when you get divorced 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 agreeing things with ex. 

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.

Financial settlements

You can sort out your finances to reach what lawyers call a 'financial settlement' 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 - Sorting out your finances when you get divorced.

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. √

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. 

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?

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

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 Our affordable advice service.

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.

Estimating legal costs

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.

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

• Get a copy of the Form A - see the Forms and rules section below.
• Read it through to find out what information it asks for.
• Collect any information you need.
• Answer all the questions that apply to you.
• Fill in your contact details correctly.
• Sign and date the form. 
• Make enough copies of Form A - usually you will need two copies plus the original, so that there is one for the court, one for your ex and one for you.
• Attach the correct court fee or completed form EX160 Applying for help with fees to your application.
• Send your application and other documents together with the correct number of copies to the family court that deals with financial applications in your region.

Forms and rules

You can find these forms and rules by typing in their names to a search engine.

Form A is the form you need to ask the court to make a financial order in your case. It is available in both English and Welsh versions.

You can find the general rules about applying for a financial order (the law calls this a financial remedy) by searching online for family procedure rules part 9.

You can find the information provided by the court service about applying for a financial order by searching on line for D190. This short guidance is available in both English and Welsh.

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.

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

• 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 our guide to pensions and 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.

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.

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 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.

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.

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 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.

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 call or phone 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.

• 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 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.

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.

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

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.