Divorce Financial Orders: Forms, Timelines and What Happens Next

Your first step is a private Mediation Information and Assessment Meeting (MIAM). We listen to what has happened, explain how financial mediation works and assess whether mediation is suitable and safe for you.

The other person will normally have their own private MIAM. If mediation is suitable and both of you wish to continue, we then help you prepare for your first joint mediation meeting. You do not need to have all the answers before you begin; we guide you through what is needed.

We send each of you a financial-disclosure form designed to be simple to follow. Complete it separately and as fully as you can using the information currently available to you.

Start with what you know about:

• Income and regular expenditure.
• The family home, other property and mortgages.
• Bank accounts, savings and investments.
• Pensions.
• Loans, credit cards and other debts.
• Businesses or other significant financial interests.

We also explain which supporting documents to provide, such as bank statements, payslips, a P60, mortgage information and pension statements. If you do not know a figure or cannot find a document, say so. The aim is to identify the gap, not to guess.

At a joint meeting, we work through the disclosed information in a structured and balanced way. We help both of you:

• Understand what has been disclosed.
• Clarify figures that are unclear.
• Identify missing documents or information.
• Record questions that still need answering.
• Build a shared picture of the assets, debts, income, pensions and future needs.

You may need to obtain further information before negotiation can begin. That is normal. We keep the process organised so both of you can see what is known and what still needs to be resolved.

Once the financial picture is clear enough, we help you move from “what exists?” to “what does each person reasonably need?” An equal split is not automatic, because every family’s circumstances are different.

• Where will the children live, and what housing do they need?
• Can both people afford suitable homes if the current property is sold?
• Does health affect either person’s ability to work?
• Do age and retirement make pension provision especially important?
• What debts and monthly commitments will each person carry?

Understanding both people’s priorities makes realistic options and trade-offs easier to identify.

We help you explore practical ways of meeting both people’s needs without taking sides or imposing a decision.

• One person may want to keep the home because the children will remain living there.
• Another may place greater importance on retaining more of a pension and accept less of the property.
• A sale, transfer, lump sum or maintenance arrangement may work only when all the figures are considered together.

We can test different proposals, help you understand their practical effect and keep a clear record of what has and has not been agreed.

You do not necessarily have to instruct a solicitor to run the whole case. A focused consultation can help you understand whether a proposal is realistic, what a court may consider and whether specialist pension, tax or mortgage advice is needed.

You can take that advice and return to mediation with a clearer idea of your options.

If you reach proposals in mediation, we can prepare:

• An OFS (Open Financial Statement), recording the financial information disclosed by both parties.
• An MOU (Memorandum of Understanding), recording the proposals reached in mediation.

The OFS and MOU are not the court order. They provide a clear record that can be taken to solicitors for independent advice and for the preparation of a draft consent order.

Ask a solicitor to use the OFS and MOU to prepare the draft consent order in the correct legal wording. Each person should consider obtaining independent legal advice before signing.

The core court documents are:

1. Form A, marked “by consent”.
2. The signed draft consent order.
3. Form D81, summarising both parties’ financial circumstances.
4. A copy of the conditional order from the divorce or dissolution case, or the final order if it has already been issued.
5. The current £62 consent-application court fee.

If pensions are affected, the relevant pension annex may also be required. If the judge approves and seals the draft, it becomes the binding financial order.

Form A starts an application for a financial order where agreement has not been reached. The MIAM requirement will normally already have been addressed at the beginning of the mediation route; if relying on an exemption, the relevant section and evidence must be provided.

Form A identifies the orders sought, which may include property adjustment, lump-sum, maintenance and pension-sharing orders. The current GOV.UK fee for a contested application is £321.

Both parties normally complete Form E and exchange it with the supporting documents required by the court timetable.

• It records income, property, savings, investments, pensions, liabilities, expenditure and future needs.
• It is supported by documents such as bank statements, mortgage information, pension documents, loan agreements, payslips and a P60.
• It includes a statement of truth, so the information must be complete and accurate.

1. First Appointment: the judge identifies the issues, considers disclosure questions and gives directions for any valuations, pension evidence or further information needed.
2. Financial Dispute Resolution (FDR): the parties negotiate with assistance from a judge, who may give a non-binding indication. If agreement is reached, it can be approved as a consent order.
3. Final Hearing: if settlement remains impossible, a different judge hears the evidence and decides the financial order.

Legal advice becomes more important where there are substantial or complex assets, inheritance, trusts, companies, businesses, shareholdings or complicated pension issues.

It is usually best to obtain the approved financial order before applying for the final divorce or dissolution order. Once the relevant orders are in place, carry out each step exactly as the financial order requires.