Financial Provision Solicitors London

What Is an Application for a Financial Order?

You can apply for a financial order if you’re getting divorced and can’t agree on financial matters — such as how a property should be divided, whether it should be sold, or what spousal maintenance payments should be. For a full breakdown of the court process, including Form E and financial disclosure, see our Divorce and Finance page.

What Types of Orders Can the Court Make?

Lump sum and property adjustment orders Whether your home is owned jointly or held solely in your spouse’s name, you’re entitled to receive your fair share of the matrimonial assets and income as part of the divorce process. We can assist with applications covering savings, investments, valuable possessions, and pension funds.

Pension sharing orders Pensions are often one of the most significant — and most overlooked — matrimonial assets. A pension sharing order divides pension rights between both parties, giving each a share of the other’s pension fund.

Spousal maintenance We assist clients in obtaining maintenance payments to provide ongoing financial support for themselves and/or their children, where a spouse has income from employment, self-employment, or rental property.

Financial provision after an overseas divorce If your spouse has obtained a divorce abroad, there may be immediate steps you need to take to protect your financial position in England and Wales — particularly if you want to make a claim on your spouse’s property or apply for maintenance. Time limits can apply, so early advice is important.

What Will the Court Consider in Making Its Decision?

Under Section 25 of the Matrimonial Causes Act 1973, the court considers a number of factors when deciding how matrimonial assets and income should be shared:

• The welfare of any children involved (the court’s first consideration)
• Each person’s income, earning capacity, property, and other financial resources, now and in the foreseeable future
• Each person’s financial needs, obligations, and responsibilities
• The standard of living enjoyed by the family before the marriage broke down
• Each person’s age and the length of the marriage
• Any physical or mental disability
• Contributions made, or likely to be made, to the welfare of the family — including non-financial contributions
• The conduct of either party, but only where it would be inequitable to disregard it
• The value of any benefit either party would otherwise lose the chance of acquiring

The starting point for the court is often an equal, 50/50 split of matrimonial assets. However, the actual outcome can differ — for example, a parent with primary care of the children may need a larger share to meet housing needs, or the split may be adjusted where one party entered the marriage with significantly greater assets. Pre-nuptial or post-nuptial agreements can also influence the court’s decision; see our Prenuptial Agreements page for more detail.

What Is the Court’s Procedure?

Once your application is submitted, the court lists a first hearing known as the First Appointment. Before this hearing, both parties must exchange financial information using a detailed disclosure form, covering pensions, savings, and any business interests, so the court can form an accurate picture of each party’s finances.

Where possible, we negotiate with the other side to reach an agreement and reduce legal costs. If a settlement is reached, we can ask the court to make it legally binding through a consent order.

If no settlement is reached, the court will list a further hearing and may direct either party to provide additional information, missing documents, or expert evidence — for example, asset valuations or advice on tax implications. This continues until the court has enough information to reach a final decision, though most cases settle before reaching that stage.

Who Pays the Legal Costs?

The general rule in financial proceedings is that each party pays their own legal costs — it’s unlikely you’ll recover your fees from the other side, even if the outcome is in your favour. Financial proceedings can be costly, but we explain the likely costs at each stage so there are no surprises, and we work to reach a settlement early wherever possible to keep costs proportionate.

Why Choose Adam Bernard Solicitors 

Our family lawyers and divorce solicitors understand the intricacies of financial provision and handle every case comprehensively to secure the best possible outcome. We have years of experience presenting our clients’ financial positions clearly and persuasively, and have helped numerous clients achieve the results they were seeking.

Related services: Divorce and Finance | Prenuptial Agreements | Family Law Services

Frequently Asked Questions