Requesting a financial order

What is a financial order?

A financial order is a court order which outlines how a couple’s assets and finances should be divided and managed after divorce. Ongoing financial provision such as spousal maintenance may also be directed by a financial order.

It is not necessary to obtain a financial order to finalise your divorce. However, it is recommended to do so as divorce does not automatically end a person’s ability to make financial claims on their spouse, whilst a financial order does. 

If you are divorcing amicably and have come to an agreement with your spouse as to how your finances should be organised after divorce, you can obtain a consent order which will make your agreement legally binding. However, if you cannot agree, then either you or your spouse will need to make a formal application to the family court for a financial order.

If you are going through a divorce and are not able to reach an agreement by consent or using alternative dispute resolution methods, you may need to request a financial order. Click below for a free initial consultation with one of our expert divorce solicitors.

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what is included in a financial order?

A financial order can include applications for:

• Interim maintenance/maintenance pending suit
• Lump sum order
• Property adjustment order
• A settlement or transfer of property for the benefit of the child(ren)
• Periodical payments order
• Pension sharing order
• Pension compensation order

Do I need a financial order if my spouse and i have agreed on the financial settlement?

Divorcing couples reach financial outcomes using a variety of different methods – this can include mediation, solicitor negotiation, court proceedings or simply by coming to an agreement between themselves.

However, it is not enough to come to an agreement and not have it drawn up in a financial order – the parties must seek independent legal advice to ensure that their agreement falls within the wide discretionary bracket of possible outcomes that the family court might order. A solicitor will also be needed to draft a consent order for the family court’s approval. 

Once submitted to the court, the judge will determine whether to make a consent order to legally formalise the couple’s agreement. In coming to a decision, the judge must have regard to the section 25 factors set out in the Matrimonial Causes Act 1973 and consider the statement of financial information provided. The judge must be satisfied that the agreement reached is a fair outcome for both parties, meeting their respective needs and those of any children of the family.

How to apply for a financial order

To obtain a financial order following a divorce, you must apply to the family court by filing a Form A. The Form A has tick boxes asking which court orders you are applying for. If you are unsure, then you can tick all of the boxes and the court will have these options available to it. If you have instructed a solicitor, which is advisable, they will make the application for you.

Once you have filed the Form A and made your application, the court will send you and your spouse a ‘Notice of a first appointment’. The first appointment is the name of the first hearing in financial remedy proceedings upon divorce. 

You can learn what a financial order might look like by reading our comprehensive guide on how financial settlements are decided by the family court. 

Guidance on the individual forms can be found below:

Form A - A Form A refers to a notice of an application for a financial order. This is the form that needs to be completed when you are applying for a financial order after your marriage or civil partnership has broken down.

Form B - A Form B is the notice of an application to consider the financial position of the respondent after a divorce or dissolution or civil partnership.

An application in Form B may be made where the respondent in divorce proceedings wishes to prevent the applicant from applying for the final order until the finances have been resolved.

Form C - After the Form A is issued, signifying the start of financial proceedings, the parties will receive a Notice of a First Directions Appointment (Form C). This document outlines the First Directions Appointment hearing, which is the initial hearing in the financial proceedings process. This document will include information about the hearing, such as the date, time, and place, as well as the deadlines that the parties must meet in the lead up to the hearing.

Form E - A Form E refers to a sworn statement containing the financial details of the spouses. It is a comprehensive document, often the most detailed and arguably the single most important document produced during an application for a financial remedy. It is a standard form which both parties will complete, with a view to providing each other with a complete picture of their financial position. There is a filing requirement for the simultaneous exchange of the Form E’s, to prevent either party from gaining an advantage over the other. The Forms E are usually exchanged some weeks prior to the First Directions Appointment.

Other forms:

Form D11 – An application form for most interim orders. An interim order is an order made by the court whilst financial remedy proceedings are still underway. Perhaps the most common interim order is interim spousal maintenance, which is called maintenance pending suit.

Form H - A Form H sets out the costs incurred by a party during financial remedy proceedings, as well as a future estimate of costs to be incurred if a settlement is not reached.  This form has to be provided to the court by both parties before most hearings. Legal representatives must discuss the contents of this form with their client.

Form FM5 - Under Part 3 of the Family Procedure Rules 2010, the court is obliged to consider and encourage non-court dispute resolution (NCDR) (also called alternative dispute resolution (ADR)).

From April 2024, a new Form FM5 must be completed by parties in contested financial remedy proceedings, except in cases of domestic violence. In this form, parties must set out their views on engaging with NCDR. This must be filed and served at least 7 days before the initial ‘on notice’ hearing, and the court may direct for further submissions before subsequent hearings.