Money and property when you divorce or separate

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Get the court to decide

If you and your ex-partner cannot agree how to divide your finances you can ask a court to make a financial order (also known as the ‘contested’ route or an ‘ancillary relief order’).

This means the court will decide how assets will be split. Getting the court to decide usually takes longer and is more expensive than if you and your ex-partner agree.

You must attend a meeting about mediation before you can apply to the court to decide - except in certain cases (if there’s been domestic abuse, for example).

A financial order will describe how you’re going to divide up assets like:

  • pensions
  • property
  • savings
  • investments

It can also include arrangements for maintenance payments, including child maintenance.

When to apply for a financial order

You can apply for a financial order when you apply for your divorce or dissolution, or at any time after that.

It’s usually simpler to apply:

  • after you have your conditional order or decree nisi – the court typically cannot make a financial order before this
  • before you get your final order or decree absolute – if you apply after this, there may be financial consequences, particularly for pensions

The financial order will only take effect after you get your final order or decree absolute.

How to apply

You need to fill in a financial order application form (Form A).

Send the completed form to your local financial remedy court. Keep a copy for yourself.

If you need to send any more documents after submitting your financial order application form (Form A), post them to:

HMCTS Financial Remedy
PO Box 12746
Harlow
CM20 9QZ

You can hire a legal adviser to help you apply for a financial order from the court.

After you apply

There are three stages:

  • the first appointment - a short hearing with the judge to discuss your application
  • financial dispute resolution (FDR) appointment - to help you agree without needing a final hearing (you might need more than one appointment)
  • final hearing - if you’re not able to agree, this is when a judge will decide how you must separate your finances

The court will send you and your ex-partner details when the first appointment will be. This is usually 12 to 14 weeks after you apply.

Before the first appointment

You and your ex-partner need to fill in a financial statement for a financial order (Form E) to show a breakdown of your property and debts. This includes giving an estimate of your future living costs.

You’ll also need to collect documents about your finances, for example:

  • rental or mortgage agreements
  • pension documents
  • loan agreements
  • proof of your salary income, for example P60 or recent pay slips
  • details of personal belongings worth more than £500, for example a car or house contents

How long it takes

It depends on:

  • how many financial dispute resolution appointments you need
  • if you need a final hearing

There can be several months between the appointments.

How the court decides

If you cannot agree, a judge will decide how assets will be split. They’ll base their decision on how long you’ve been married or in a civil partnership, as well as your:

  • age
  • ability to earn
  • property and money
  • living expenses
  • standard of living
  • financial needs and responsibilities
  • role in looking after the family, for example if you were the main earner or caring for the family or home
  • disability or health condition, if you have any

The judge will decide on the fairest way to divide the assets if there’s enough to meet everyone’s needs. They will make arrangements for any children first - especially their housing arrangements and child maintenance. The reason for the divorce or dissolution is not taken into account.

The judge will usually try to arrange a ‘clean break’, so everything is shared out, and you no longer have any financial ties to one another.

How much it costs

The court fee is £303.

Legal adviser fees vary depending on their experience and where you live. How much you pay in total depends on how many financial dispute resolution appointments you need and if there will be a final hearing.

You can get legal aid to help with court costs in certain situations, for example if you’re separating from an abusive partner.

Further help and advice

You can:

View a printable version of the whole guide

Part of Get a divorce: step by step

  1. Step 1 Get support and advice

    You can get support or counselling to help you through the divorce process.

    1. Get support and advice from Relate
    2. Find a counsellor on Counselling Directory

  2. Step 2 Check if you can get divorced

    1. Check if you can get a divorce
    2. Get legal advice if you want help with the divorce process

  3. Step 3 Make arrangements for children, money and property

    1. Make arrangements for your children
    2. Divide your money and property
    3. Check if your divorce will affect whether you can live in your current home

  4. Step 4 Apply for a divorce

    1. Apply for a divorce online or by post £593
    2. Get help with court fees
    3. Get legal advice
    4. Get help if your husband or wife cannot make decisions for themselves

  5. Step 5 Apply for a ‘conditional order’ or ‘decree nisi’

    1. Apply for a ‘conditional order’ or 'decree nisi'

  6. Step 6 Finalise your divorce

    1. Apply for a ‘final order’ or 'decree absolute'

  7. Step 7 Report that your circumstances have changed

    You also have to tell other government organisations that you're getting divorced if: