Apply for a Financial Order After Divorce

When you and your partner can't agree on asset and financial division after divorce, you can apply for a financial order through the family court for a fair split.

A financial order can cover a range of issues, such as selling or transferring property, arranging maintenance payments (either ongoing or as a lump sum), and dividing pensions.

If you're uncertain about your eligibility to apply, seeking advice from a divorce and family law solicitor regarding your rights and entitlements will help guarantee a fair division of assets.

For help with your divorce financial order, contact Wembley Solicitors at 0203 417 3700 or email info@wembleysolicitors.com for advice on financial matters.

Table of Contents

What is a financial order in a divorce?

A financial order is a ruling made by the family court concerning the distribution of finances, property, and pensions following a divorce or separation.

If you cannot reach an agreement on finances after divorce, you may apply to the family court for a financial order (also referred to as the contested route or ancillary relief order).

Family mediation before the court

Before making a financial order application to the family court, you must attend a Mediation Information and Assessment Meeting (MIAM) unless exempt.

During mediation, a neutral and trained mediator, independent of your case, assists you and your partner in resolving your financial disputes.

Mediation does not aim to reunite couples. Instead, it provides separating couples with an opportunity to sit down with a qualified mediator to sort out important matters such as division of money, assets, and property after divorce.

When should you apply for a financial order?

A financial order is used to legally resolve financial matters between ex-partners after a divorce, civil partnership dissolution, annulment, or legal separation.

You can apply for a financial order:

• During divorce: Apply as soon as the divorce proceedings begin.
• After divorce: You can still apply unless a financial order already exists.
• If agreements fail: Formalise or enforce terms if informal deals break down.
• Before remarriage: Apply first to avoid losing your right to claim.

Which forms are required for a financial order?

Several forms are typically required to request or respond to a financial order application.

You'll need a few important forms:

• Form A – to apply
• Form E – to disclose financial details
• Form H – to declare legal costs
• Form C – Notice of the first appointment (sent by the court)

How to apply for a financial order in the UK family court?

If you can't agree on finances with your ex after a divorce or civil partnership end, you might need to go to court. A financial order ensures a fair split of money, property, or other assets.

Here's a step-by-step guide to help you apply:

1. Attend a Mediation Information and Assessment Meeting (MIAM)

You must go to a MIAM before applying, unless you're exempt. It's a meeting with a mediator to see if mediation can solve your problem without court.

2. Complete Application Form A

To start the legal process, you need to fill out Form A, which is an official application for a financial order. You can download Form A from the HMCTS website or get it from your local family court.

3. Submit Your Application to the Court

You must submit the completed Form A (plus two copies) to the same court that handled your divorce or legal separation.

You'll need to pay a court fee; check booklet EX50 for the cost. If you're on a low income, you might get help with fees (see Form EX160).

4. Prepare for the First Appointment

After your application is accepted, the court will set a First Appointment. This is usually within 12–16 weeks. Both sides must exchange a financial statement (Form E) and other important documents.

• A list of key dates (chronology)
• A summary of disputed issues
• A questionnaire requesting further information (if needed)

These documents must be filed 35 days before the hearing and exchanged between both parties at the same time.

5. Attend the First Appointment

At this hearing, the judge will review your financial disclosures and decide what to do next. They might:

• Refer the case to a Financial Dispute Resolution (FDR) hearing
• Give directions for gathering more evidence
• In some cases, approve a final order if both parties agree

6. Financial Dispute Resolution (FDR) Hearing

This is an informal court hearing where a judge helps both sides try to reach a settlement. Offers of settlement are reviewed, but the judge cannot impose a final decision at this stage. If no agreement is reached, the case moves to a final hearing.

7. Final Hearing (If Needed)

At the final hearing, a new judge will consider all the evidence and make a legally binding financial order. This order will detail how property, income, pensions, and debts should be divided.

Three stages in the financial order process

The court process for financial orders typically involves three stages:

1. First Appointment: First, the First Appointment, where both parties exchange financial information, and the court sets a timetable.
2. Financial Dispute Resolution (FDR): Next, during the Financial Dispute Resolution (FDR), the judge offers guidance on a fair settlement and encourages negotiation; if both parties agree, the court formalizes the settlement.
3. Final Hearing (if necessary): If no agreement is reached, the case proceeds to the Final Hearing, where the judge makes a final decision on the financial settlement after hearing both parties' arguments.

How much is the court fee for a financial order in the UK?

The court fee for applying for a financial order in the UK varies depending on the type of application. If both parties agree and submit a financial consent order, the fee is just £60. However, if the application is contested and the court needs to resolve disputes, the fee increases to £313. These fees apply when settling finances after divorce or civil partnership dissolution.

There is a fee for applying for a financial order (check the latest fees in booklet EX50). If you can’t afford it, you may be eligible for a reduced or waived fee by completing Form EX160.

At each stage of the process, both parties must provide an up-to-date estimate of their legal costs using Form H. This transparency helps the court manage costs fairly.

How long does it take to get a financial order?

The process usually takes a few months. It depends on how complex the case is. The first appointment is usually 12–16 weeks after you apply.

How does a divorce solicitor help with financial orders?

A divorce and family law solicitor plays a key role in applying for a financial order. Here’s how we assist throughout the process:

• Provide legal advice on rights and entitlements.
• Prepare and file necessary forms (e.g., Form A, Form E).
• Negotiate and mediate to reach a fair settlement.
• Represent in court at First Appointment, FDR, and Final Hearing.
• Offer strategic advice on asset division and maintenance.
• Formalize settlement agreements into legally binding orders.

Contact a solicitor to help with your financial order

If you need assistance with your divorce financial order, contact our divorce and family law solicitors at 0203 417 3700 for help with all financial matters.