Financial remedy checklist: dividing finances on divorce without a solicitor

If you and your former spouse or civil partner cannot agree how to divide money and property, either of you can apply to the Family Court for a financial remedy order. Many people go through this process without a lawyer, at least for part of the way. It can be done, but it is detailed, deadline-driven and the stakes are high: your home, your pension and your income for years to come.

This checklist follows the usual stages of a financial remedy case in England and Wales. At each stage it flags where a barrister can make the biggest difference.

Before any application

• Attend a MIAM. Before applying to court you will usually need to attend a Mediation Information and Assessment Meeting, unless an exemption applies, such as domestic abuse or urgency.
• Seriously consider mediation or another form of dispute resolution. The court expects it, and a settlement you reach yourselves is quicker and cheaper.
• Start gathering financial documents now. You will need them whatever route you take.
• Do not move or hide assets. The court can reverse transactions designed to defeat a claim and will take a dim view of them.

Making or responding to the application

• The application is made on Form A, usually online, and a court fee applies.
• The court will list a First Appointment and set a timetable.
• Diary every deadline in the notice of the First Appointment immediately.

Form E: financial disclosure

Form E is the sworn financial statement each party must complete. It is the foundation of the whole case.

• Complete every section honestly and fully. Incomplete or misleading disclosure can lead to orders being set aside, costs and even contempt proceedings.
• Attach the required documents, typically including:
  • 12 months of statements for every bank and savings account
  • property valuations and mortgage statements
  • pension valuations (cash equivalent transfer values)
  • recent payslips and your P60
  • two years of business accounts and tax returns if self-employed
  • details of debts, investments, policies and vehicles
• Set out your income needs realistically, with a budget.
• Exchange Form E with the other party by the date in the order and file it with the court.

Before the First Appointment

• Read the other party's Form E carefully. Look for gaps, unexplained payments and missing documents.
• Prepare a questionnaire asking for information or documents that are missing. Keep questions focused and proportionate.
• Prepare a statement of issues, setting out what is agreed and what is in dispute.
• Prepare a chronology of the key dates in the relationship and separation.
• Consider whether experts are needed, for example a property valuer, pension expert or forensic accountant, and whether these can be jointly instructed.
• Complete Form G, saying whether the First Appointment can be used as a settlement hearing.

The First Appointment

• The judge will decide what further information is needed, whether experts are allowed and fix the next hearing.
• Bring copies of all documents and your notes.
• Write down every direction and date.

Before the FDR (Financial Dispute Resolution hearing)

The FDR is a settlement hearing. A judge gives an indication of what they think a fair outcome would be, to help the parties agree. Most cases that settle do so at or around the FDR.

• Answer the other side's questionnaire fully and on time.
• Obtain any expert reports ordered.
• Prepare an updated schedule of assets, showing what each of you has.
• Make a written settlement proposal. Open and "without prejudice" proposals are treated differently, so be careful which you are making.
• Prepare a short position statement for the judge.

At the FDR

• Expect long periods of negotiation outside court.
• Listen carefully to the judge's indication. It is not binding, but it is a strong guide to what may happen at a final hearing.
• If you reach agreement, it will be recorded in a draft consent order.

Final hearing

• If there is no settlement, the court lists a final hearing and the judge makes the decision.
• You will need updated disclosure, witness statements and possibly expert evidence.
• You may be cross-examined about your finances and will need to cross-examine the other party.

Consent orders

• Any agreement, however reached, should be turned into a consent order approved by the court. Without it, financial claims can remain open.
• Check the wording carefully, especially pension sharing and maintenance clauses.

Where a barrister makes the biggest difference

Many people handle the paperwork themselves and bring in a barrister for the key moments. Under the Public Access scheme you can instruct a barrister directly without a solicitor. It is particularly worth considering:

• before you complete Form E, for advice on presenting complex assets such as a business or pension;
• before the FDR, to prepare and attend. An experienced family barrister can negotiate effectively and judge whether an offer is reasonable;
• at a final hearing, where cross-examination and legal argument decide the outcome;
• when there are pensions, businesses, trusts, inherited assets or overseas property;
• when the other side has lawyers and you feel outmatched;
• to check a draft consent order before you sign it, which is often modest in cost and can prevent expensive mistakes.

A barrister attending a day's hearing usually costs from about £1,000, and often more for longer or more complex hearings; you will receive a quote before you commit.

Clerk&Counsel helps people find suitable independent family barristers. Submitting an enquiry is free. If you instruct a barrister through us, our service fee of up to £150 depending on urgency is shown separately from the barrister's fee before you decide. Request availability and a quote or read more about our financial remedy barristers.

Clerk&Counsel is an intermediary and clerking service. We do not provide legal advice or legal representation. This checklist is general information only.