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Why you may want to apply for a financial order

You may want to ask the court to help you decide how you will split up your money, property and possessions. To do this you must apply for a financial order. This process is sometimes referred to as 'ancillary relief'.

Going through this process will take time and cost you money. If it’s possible, it’s a very good idea to try and settle things between yourselves. Find out more about how to do this by following the link below.

• Working out money and property matters yourselves if you're married or in a civil partnership

Mediation Information and Assessment Meetings

Before you make a financial order application, you should check if mediation could help you reach an agreement.

You can do this by having a Mediation Information and Assessment Meeting. In most cases, judges will expect you to have had at least one of these meetings. If you haven’t, they may ask you to before proceeding with your case.

You can find out more about Mediation Information and Assessment Meetings by following the link below.

• Mediation to solve problems when you split up

Making an application for a financial order

To make your financial order application you must fill in Form A - 'Notice for an application for a financial order'. You can download a copy by following the link below.

You then need to take your application, along with two completed copies of the form, to the court where your divorce is being dealt with.

• Form A - 'Notice for an application for a financial order' Opens new window

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Costs of making a financial order application

You may have to pay a court fee to make an application for a financial order.

The court fee is £240 if you and your husband, wife or civil partner have not agreed to the arrangements before you make the application.

If you’re applying for ‘consent order’ - a legal document that confirms an agreement you have already made - the court fee is £45.

If you’re on a low income or on benefits, you may be able to get a reduction on the fees. You can find out more about reductions on court fees by following the link below.

• Court Fees - Do you have to pay them? Opens new window

What happens after you have made your application

Once you have made your application for a financial order, you will be given an appointment with a judge. This is known as the ‘First Appointment’. This appointment will be between 12 and 16 weeks from when you first made your application.

Providing a financial statement

You will need to complete Form E – a document that details your financial situation. This will include your financial position now and what you expect it to be in the future. Both parties must complete this form so that their financial position is clear to each other and to the court.

It’s very detailed, and you’ll have to provide:

• information about your family, including health and your standard of living before your relationship broke down
• arrangements proposed for your children, including where they will live and if any maintenance payments have been agreed
• details of all property owned, including the family home if you have one
• bank and building society accounts and their balances
• shares, life insurance or savings bonds you own
• personal belongings worth more than £500
• anything else that either of you may be able to convert into cash (like investment trusts)
• information about any businesses you may own or have a share in
• value and details about any pensions
• your income (including any benefits you may get)
• an estimate of what you think you will need to live on
  
• other information about your husband, wife or civil partner or their behaviour that you think the court should know

You can get Form E from your court or download it by following the link below.

• Form E – Financial statement Opens new window

Returning Form E

This form must be sent to the court dealing with your divorce no later than 35 days before your First Appointment. You must also send a copy of this form to your spouse or civil partner. You or your adviser will need to contact them to do this. This can be done by post.

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What happens at the First Appointment?

Both parties usually have to attend the First Appointment in person. You will meet with a judge who will tell you how the case can be settled.

At this stage, if both parties and the judge agree, the judge can issue a ‘Final Order’. If there is no agreement, you will have to attend a Financial Dispute Resolution hearing.

What happens at the Financial Dispute Resolution hearing?

This is an informal meeting at court, but both parties must attend unless the court orders otherwise. The judge will again try to help you reach a financial agreement.

If you are still unable to reach an agreement, the judge will decide a date for a final hearing.

What happens at the final hearing?

The judge at the final hearing will not be the same judge who was at the Financial Dispute Resolution hearing.

At the final hearing, if you still can’t reach agreement, the judge will make a decision based on all the evidence. This decision will be shown on a ‘Final Order’ giving details of any arrangements that have to be made as part of the order. Both parties have to obey this decision.

Applying for an interim order

At any time between the application being made and the judge making a final order, either side can apply for an ‘interim order’. This is a temporary financial arrangement and it can be useful if you are having difficulty with money while you wait for your case to be decided.

If you need an interim order, it’s a good idea to get some professional advice if you haven’t already.

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