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When you divorce or end a civil partnership you and your ex-partner need to agree how to separate your finances.

This includes deciding how you鈥檙e going to divide:

• pensions
• property
• savings
• investments

You might get things like:

• a share of your partner鈥檚 pension - including State Pension or
• regular maintenance payments to help with children or living expenses

You can usually avoid going to court hearings if you agree how to split your money and property.

There are different and .

Making an agreement legally binding

If you and your ex-partner agree on how to divide money and property, you need to apply for a consent order to make it legally binding.

Get help agreeing

You can use a mediator or get other help to resolve issues out of court.

Get the court to decide

If you cannot agree on everything, you can ask a court to make a financial order.

It鈥檚 usually more straightforward and less expensive if you agree how to divide your money and property. Get help agreeing.

Making your agreement legally binding

To make your agreement legally binding you need to draft a consent order and ask a court to approve it.

If your agreement is not legally binding, a court cannot enforce it if there are any issues later.

A consent order is a legal document that confirms your agreement. It explains how you鈥檙e going to divide up assets like:

• pensions
• property
• savings
• investments

It can also include arrangements for maintenance payments, including child maintenance.

You can get legal advice or you can ask a solicitor or divorce specialist to draft a consent order for you.

When to ask the court for approval

You can ask the court to approve your draft consent order when you apply for your divorce or dissolution, or at any time after that.

It鈥檚 usually simpler to ask for approval:

• after you have your conditional order or decree nisi 鈥� the court cannot approve a consent order before this
• before you get your final order or decree absolute 鈥� if you ask after this, there may be financial consequences, particularly for pensions

The consent order will only take effect after you get your final order or decree absolute.

How to ask the court for approval

You and your ex-partner have to:

• draft a consent order
• sign the draft consent order - you also need 2 photocopies of the signed original
• fill in a statement of information form

One of you also needs to fill in a notice of an application for a financial order.

If you鈥檙e ending a civil partnership or legally separating, send the signed forms and copies with the 拢58 fee to dealing with your paperwork. Keep your own copies.

If you鈥檙e divorcing, send the signed forms and copies with the 拢58 fee to:

There鈥檚 usually no court hearing. A judge will approve your consent order to make it legally binding if they think it鈥檚 fair.

If they do not think it鈥檚 fair, they can ask you to change it.

How much it costs

The court fee is 拢58.

Legal adviser fees vary depending on their experience and location.

A mediator can help you and your ex-partner agree on how to split money and property, without taking sides.

Mediation is not relationship counselling. It can help you agree on how you鈥檒l divide your assets, including:

• pensions
• property
• savings
• investments

Mediation can be quicker and cheaper than asking a court to decide for you.

You need to attend a mediation information assessment meeting (MIAM) before you start mediation.

.

The mediator can decide that mediation is not right for you (for example, if there鈥檚 been domestic abuse and you need to go to court instead).

How much it costs

A MIAM is usually about 拢120. If you need more mediation sessions they cost more and fees vary depending on where you live.

Check if you can get legal aid for mediation.

Making your agreement legally binding

At the end of mediation you鈥檒l get a document showing what you agreed. This agreement is not legally binding.

If you want a legally binding agreement you need to draft a consent order and get a court to approve it. The consent order can be based on what you agreed in mediation.

If you need more help agreeing

You can:

• ask a legal adviser about other ways to resolve issues out of court (such as family arbitration or collaborative law)
• get information and advice from
• read guidance to help you
• work out your finances with a

If you do not agree on everything

You can ask a court to decide on anything you have not agreed on.

If you and your ex-partner cannot agree how to divide your finances you can ask a court to make a financial order (also known as the 鈥榗ontested鈥� route or an 鈥榓ncillary relief order鈥�).

This means the court will decide how assets will be split. Getting the court to decide usually takes longer and is more expensive than if you and your ex-partner agree.

A financial order will describe how you鈥檙e going to divide up assets like:

• pensions
• property
• savings
• investments

It can also include arrangements for maintenance payments, including child maintenance.

When to apply for a financial order

You can apply for a financial order when you apply for your divorce or dissolution, or at any time after that.

It鈥檚 usually simpler to apply:

• after you have your conditional order or decree nisi 鈥� the court typically cannot make a financial order before this
• before you get your final order or decree absolute 鈥� if you apply after this, there may be financial consequences, particularly for pensions

The financial order will only take effect after you get your final order or decree absolute.

How to apply

You need to fill in a financial order application form (Form A).

Send the completed form to your local financial remedy court. Keep a copy for yourself.

If you need to send any more documents after submitting your financial order application form (Form A), post them to:

You can hire a legal adviser to help you apply for a financial order from the court.

After you apply

There are three stages:

• the first appointment - a short hearing with the judge to discuss your application
• financial dispute resolution (FDR) appointment - to help you agree without needing a final hearing (you might need more than one appointment)
• final hearing - if you鈥檙e not able to agree, this is when a judge will decide how you must separate your finances

The court will send you and your ex-partner details when the first appointment will be. This is usually 12 to 14 weeks after you apply.

Before the first appointment

You and your ex-partner need to fill in a financial statement for a financial order (Form E) to show a breakdown of your property and debts. This includes giving an estimate of your future living costs.

You鈥檒l also need to collect documents about your finances, for example:

• rental or mortgage agreements
• pension documents
• loan agreements
• proof of your salary income, for example P60 or recent pay slips
• details of personal belongings worth more than 拢500, for example a car or house contents

How long it takes

It depends on:

• how many financial dispute resolution appointments you need
• if you need a final hearing

There can be several months between the appointments.

How the court decides

If you cannot agree, a judge will decide how assets will be split. They鈥檒l base their decision on how long you鈥檝e been married or in a civil partnership, as well as your:

• age
• ability to earn
• property and money
• living expenses
• standard of living
• financial needs and responsibilities
• role in looking after the family, for example if you were the main earner or caring for the family or home
• disability or health condition, if you have any

The judge will decide on the fairest way to divide the assets if there鈥檚 enough to meet everyone鈥檚 needs. They will make arrangements for any children first - especially their housing arrangements and child maintenance. The reason for the divorce or dissolution is not taken into account.

The judge will usually try to arrange a 鈥榗lean break鈥�, so everything is shared out, and you no longer have any financial ties to one another.

How much it costs

The court fee is 拢303.

Legal adviser fees vary depending on their experience and where you live. How much you pay in total depends on how many financial dispute resolution appointments you need and if there will be a final hearing.

You can get legal aid to help with court costs in certain situations, for example if you鈥檙e separating from an abusive partner.

Further help and advice

You can:

• get information and advice from
• read guidance to help you
• find out more about

The court sometimes tells the person with the higher income to make regular maintenance payments to help with the other person鈥檚 living costs.

This is called a 鈥榤aintenance order鈥�.

A maintenance payment can be set for:

• a limited period of time
• until one of you dies, marries or enters into a new civil partnership

The payment can also be changed if one of you loses your job or gets much better paid work.

Child maintenance

The court can also decide on child maintenance, but this is often arranged by the Child Maintenance Service.

Read more about making arrangements to look after children when you divorce or separate.

You do not usually have to pay Capital Gains Tax if you give, or otherwise 鈥榙ispose of鈥�, assets to your husband, wife or civil partner before you finalise the divorce or civil partnership.

If you transfer an asset when you鈥檙e separated

If you lived together at any point in the tax year that you transferred the asset, the normal rules for spouses and civil partners apply.

Otherwise you may have to pay Capital Gains Tax. You鈥檒l need to get a valuation of the asset on the date of transfer, and use it to work out the gain or loss.

If you transfer an asset after you鈥檝e divorced or ended your civil partnership

You may have to pay Capital Gains Tax on assets you transfer after your relationship has legally ended.

The rules for working out your gain or loss are complex. Contact HM Revenue and Customs (HMRC) or get professional tax help, such as an accountant or tax adviser. You鈥檒l need to tell them the date of:

• the final order or decree absolute if you鈥檙e divorced
• the final order if you have ended a civil partnership
• any court order, if assets were transferred this way
• any other contract showing the transfer of assets