It is now possible to complete a "DIY Divorce" without the help of a solicitor. This ends a marriage but crucially does not end financial ties.
While not recommended, it is also possible to handle your own divorce finances. This guide provides a basic outline and must not be relied upon as legal advice. For detailed support, consult legal professionals or use the online resources provided by HMCTS.
Either spouse or civil partner can apply to court to resolve financial matters following a divorce or dissolution.
Step 1:
File Form A to start the financial remedy process.
Link here to the application - https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order
Court will issue: Date for the First Appointment.
Directions for both parties to: Complete and exchange Form E (financial disclosure).
Link here to the Form - https://www.gov.uk/government/publications/form-e-financial-statement-for-a-financial-order-matrimonial-causes-act-1973-civil-partnership-act-2004-for-financial-relief-after-an-overseas
Provide valuations for any jointly held property and housing needs. Obtain Mortgage capacity.
Other necessary directions
Before the First Appointment:
Complete and exchange Form E.
File: Valuation reports for the family home.
A composite case summary detailing key facts (age, income, children, etc.).
A composite schedule of assets and income.
At the First Appointment:
The court will: Identify any missing information.
Set deadlines for further disclosure or expert reports. Decide whether the next step should be an FDR (Financial Dispute Resolution) hearing.
The FDR Hearing is an opportunity to reach a settlement with judicial assistance.
Preparation: Update case summaries and schedules. File open and without-prejudice offers. Comply with court directions issued at the First Appointment.
At the FDR: Both parties present settlement proposals. The judge offers guidance on likely outcomes but cannot issue a binding order. If an agreement is reached, the court formalises it through a consent order.
If no agreement is reached at the FDR:
The court sets a date for the Final Hearing.
At the Final Hearing: Both parties present evidence. Witnesses, including experts, may be cross-examined. The judge issues a binding order on asset division and income distribution.
The court will evaluate:
The welfare of any minor children who have not attained 18 (the courts first consideration).
Each party’s financial resources and needs.
The standard of living during the marriage.
Health
Contributions made (including non-financial).
Any prenuptial or postnuptial agreements.
Conduct which is inequitable to disregard.
The court’s aim is a fair distribution, usually starting with a 50/50 asset split and adjusting based on needs / contributions etc.
A family law solicitor such as CH Family Law Ltd can advise on which factors may influence the court's decision in your particular case.
Property: Sale or transfer of property.
Lump Sum Payments: One-off or instalment-based.
Spousal Maintenance: Periodic payments, either time-limited or ongoing.
Pension Sharing: Splitting or transferring pension funds.
Child Support: Limited to high-income cases (supplements to CMS orders).
Stay Organised: Keep track of deadlines and court documents.
Be Transparent: Full financial disclosure is mandatory.
Seek Agreement: Settling early reduces legal costs.
Consider Mediation: A less formal route that avoids lengthy court proceedings.
This guide simplifies a complex legal process. If uncertainties arise, consult a legal professional for tailored advice.