I give early advice on likely settlement options at our first meeting, using the estimate of the family assets I request from the client before that meeting.

However, when we start progressing the divorce and financial negotiations there will need to an exchange of information about financial assets held by both parties.  

Everyone involved will need to know what there is available to share before there are decisions made about how to allocate resources.

Phase 1 – financial disclosure

The first task in any financial process is to establish the value of all of the assets. This will include values of properties, pensions, investments, shares held in companies.  

It is not possible to work out how to share the assets (Phase 2) until there is clarity on what assets are available to share (Phase 1).

This disclosure will often be done on a Form E, which is court form for disclosure, and requires a set list of financial documentation to be provided to the other party.

Sometimes a party to a divorce refuses to provide this information or provides it in a way which does not disclose the true value of their assets.

Equally, there may simply be a disagreement about the value of an asset. If this is the case then one expert will usually be appointed, for example a surveyor or an accountant, to establish one fixed value of that asset, which will then be used in negotiation.

Legal fees may be spent to establish the value of the assets before any negotiation can take place. If there is full transparency and agreement about the assets available to share, then phase 1 can be dealt with swiftly, and this will save time and fees.  

Part of the expertise involved in dealing with a case is knowing when there is enough information available to progress to phase 2.  If one party refuses to progress to phase 2 until every penny has been accounted for, the legal costs and time spent on the case become entirely disproportionate.  Equally, moving too quickly to phase 2 means that it is much harder to reach an agreement, as there are key pieces of information missing.

If there is already an agreement between the parties about what to do with the finances, the disclosure in phase 1 can be very limited. There will still need to be disclosure for the benefit of the judge who is deciding whether to make your financial agreement into a consent order.  This is set out on a joint form called a statement of information.

Phase 2 – negotiation

Once there is clarity about the available assets, there can then be a negotiation about how to share those assets.  If parties to a divorce have very different views as to how those assets should be shared, then we will usually start a process to guide the parties towards an agreement.

Cases will often involve more than one process to resolve a dispute.  The discussions may take place in mediation with or without solicitors present. They could take place in solicitor communication such as emails or by telephone, or in an in person meeting.  Increasingly arbitration is a popular method of resolving a dispute, where a decision maker is agreed upon and helps regulate the process and then makes a decision for the parties. Arbitration and mediation can be used to deal with phase 1 as well.   

Court is always available if needed, to deal with both phase 1 and 2. The standard court route is a three step process, and at each step parties are strongly encouraged to reach agreement. It may therefore take 1, 2 or 3 court hearings for the parties to work out how to deal with their financial claims. It is rare that a court is required to make a decision for the parties, rather than them agreeing a decision for themselves through one of these processes.

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When you marry, financial rights are established in law. These rights will not be dissolved by divorce alone.  If you write out your own agreement with your former spouse, sharing the assets between you by agreement, this will not end the claims either. 

It is only the Family Court that has the power to end these claims.

If you can come to a financial agreement with your spouse then you can apply for a consent order to end these claims.  A order “by consent” means that you have asked the court to approve an order which has been agreed between the parties.

The process to secure an order from the Family Court requires us to upload to the court these three documents

• your conditional order or your final order in your divorce
• a copy of a signed consent order
• a statement of information about finances prepared and signed by both parties.

You therefore need to ask yourself the following questions to work out if you are ready to seek a consent order from the court:

1. Has my divorce reached conditional order stage?

You will not be able to submit an agreement to the court unless your divorce has reached conditional order stage.

2. Have we prepared and signed a draft consent order?

The words contained in these documents determine whether the financial rights end or not.  There is specific wording that must be included to achieve this.  If there is one area of your case on which you will seek legal advice, this is it.  Once it is approved by the court, you will not be able to change it.  Take some legal advice to ensure you know what you are signing and you are not leaving yourself open to an uncertain future.  

3. Have we informed each other about our finances?

When I receive enquiries about preparing a consent order, I will check whether there has been an exchange of information about finances.  This is a key part of the consent order process.  The court will not approve an order without a statement of information form, in which both parties include details of assets, liabilities and income.  If your spouse is refusing to provide you with financial information voluntarily, then you will not be able to proceed with a consent order process. .  If you are unable to reach an agreement then the court will decide which orders should be made in your case, rather than these being “by consent”.

You can read more about whether you need to have a solicitor to draw up your consent order, here.

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Myths

There is a great deal of misunderstanding about how finances are dealt with on divorce.  Two of the most common myths I hear are:

(a) the family home is automatically split 50/50 – MYTH

b) debts built up during the marriage are automatically split 50/50 – MYTH

The reason that these are myths is that it is needs not maths that determine how money is shared on divorce.

This is best summarised in the words of the Family Court:

In the vast majority of cases the enquiry will begin and end with the parties’ needs. It is only in those cases where there is a surplus of assets over needs that the sharing principle is engaged.*

I am often working opposite individuals representing themselves when cases start. This point is frequently misunderstood.  It is not until a judge explains to them that sharing only applies if there is a surplus of assets that there is an acceptance that a 50/50 split of the assets is not the right outcome. 

A Recent Example of Financial Needs

A case recently came before the Family Court dealing with this issue. https://caselaw.nationalarchives.gov.uk/ewfc/b/2025/447

The parties were married for 12 years, and had one son with a significant disability who had reached the age of 18 by the time the case came before the courts.  The wife’s income was limited to state benefits received as her son’s full time carer.  The husband’s income came from his work as an HGV driver.  The family home had a value of £525,000 and a mortgage of £186,000.  It was agreed it had to be sold.  The main question was how this pot of money was to be shared between the parties.

It was agreed by the parties that the wife had greater financial needs than the husband, as she would be providing her son’s care for the rest of his life.  This meant that the court considered it was justified in departing from a 50/50 split of the assets.  The judge decided to split the equity in the family home 71%/29% in the Wife’s favour, providing the Wife with about £200,000, and determined that this was a fair split of the assets.

Conclusion

If you are starting to consider your divorce finances, make sure that you understand these legal principles, and obtain some expert legal advice.

*WC v HC [2022] EWFC 22

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The Background

In this case, a couple who had been married for 12 years separated in 2022. Among their many disputes was the fate of their Golden Retriever. The husband insisted that the dog should be returned to him, while the wife maintained that the dog belonged with her and the children.

The husband argued that he had financially contributed to the dog’s purchase and later registered it as a support dog. However, the wife countered that she had been the dog’s primary carer for the past 18 months since the separation, and the dog had become an integral part of her and the children’s lives.

How the Court Decided

Under English law, pets are considered chattels—property, much like furniture or vehicles. However courts are generally reluctant to make formal orders regarding pets unless absolutely necessary. The main question was not who bought the dog but rather who had been its primary carer.

The court found that:

Taking these factors into account, the judge ruled that the wife should keep the dog. The court emphasised that stability was in the pet’s best interests, particularly given the impact of the dispute on the children.

“The wife’s evidence … showed someone who understood about dogs, was compassionate and would always put the dog’s interests first. The dog’s home is with the wife, and she should stay there. It would be upsetting for both the dog and the children were those arrangements to alter. The husband has managed without a dog for 18 months and it does not therefore seem necessary for his support, even if that were the case which I do not accept was the position at the time the parties separated.”

Lessons from This Case

Ownership vs. Care – In pet disputes, courts prioritise who has been the primary carer rather than who paid for the pet.

Emotional vs. Legal Arguments – While pets are family members to their owners, legally, they are viewed as property. This means emotional arguments hold little weight unless they are backed by evidence of responsibility and care.

Avoiding Costly Disputes – Pet ownership battles can be costly and time-consuming. Couples should aim to resolve these disputes using out of court solutions rather than through litigation.

For pet owners facing divorce, this case underscores the need for early legal advice and, where possible, mediation to avoid expensive legal battles.

The post Who Keeps the Dog in a Divorce? appeared first on Rainscourt Family Law Solicitors.

When deciding how the assets of a marriage are to be shared, we also have to look at how the debts are going to paid.

Debts may be brought to a marriage.  If you start a marriage by paying off your new spouse’s debts, this money will not be reimbursed to you at a future point in the event of a divorce.

If debts build up during the marriage, these are usually in the name of one person.  You may have an overdraft, credit card or a bank loan in an account in your sole name.

Some of this debt may have been built up on family expenses.  If a loan has been taken out to build an extension, or to pay for school fees, this is a matrimonial debt which is going to have to be factored into the settlement. This means that even though that debt will be in one person’s name, the settlement will usually include a repayment of that debt from family money.

This means that if a family home is going to be sold, then if there are sufficient funds available from that sale, we would look to repay those debts from the sale proceeds. The same approach can be taken if a joint account has gone into overdraft.  Once the house sale proceeds are available, the conveyancing solicitor can repay overdrawn bank accounts, and the accounts can then be closed.

However, the guiding principle of the family court is to ensure that financial needs are met.  This means that housing children of the family is going to take priority, and if there is only enough money available to put down a deposit for one property, there may not be enough capital to repay debt. It will depend on how much money is available overall.

When we go to court to discuss finances, the court asks us to prepare a spreadsheet setting out all of the assets and debts belonging to both parties.  This means that those significant debts which you or your spouse accrues will be included on that spreadsheet and will be part of the financial picture of your marriage.  Although the debts have been accrued by one party, the debts will still be taken into account when calculating how matrimonial finances are to be dealt with.

If you or your spouse have run up significant debts on credit cards and loans during the marriage on their own spending, these debts will be relevant when considering mortgage capacity for a new home after divorce.  Significant debt will affect affordability criteria on a new mortgage.  This can affect how much money you each receive, as you may require a larger deposit as a result.

After separation, debt may build up as a result of paying legal fees.  Again, this type of debt will be taken into account when dividing assets on divorce.  If you or your spouse uses a loan to fund their legal fees, this will be included as a debt on the spreadsheet we produce for court hearings and the settlement will usually need to include a method for that debt to be repaid.

In a final financial order, there are provisions in there which make each spouse responsible for their own debts. The court can also require one spouse to be responsible for paying off debts on an ongoing basis if these have not been settled.  However, the important point to remember is during the negotiations,  debt accrued by one spouse, even after separation, is likely to be taken into account as a expense which that party is required to meet, and may require additional funds to repay.

The post Who pays for marital debts in a divorce? appeared first on Rainscourt Family Law Solicitors.

Before a pension sharing order can be made, it is necessary to obtain a valuation of the pension assets in question. This is typically done by a pension actuary, who will calculate the value of the pension assets and determine how they can be divided between the two parties.

Once the valuation has been completed, the court will consider the pension sharing order and decide how the assets should be divided. This will typically be based on a number of factors, including the parties’ ages, the length of the marriage or civil partnership, and their respective contributions to the pension assets.

There are a number of practical steps that a client can take if they are considering a pension sharing order. Firstly, it is important to obtain legal advice from a solicitor who specialises in family law. They will be able to provide guidance on the process and the likely outcome of a pension sharing order.

It is also advisable to obtain a valuation of the pension assets as early as possible in the process. This will ensure that the parties have a clear understanding of the value of the assets and can negotiate a settlement that is fair and reasonable.

There are also a number of legal risks associated with pension sharing orders. For example, if the pension assets are not divided in an equitable manner, one party may be left with insufficient funds to support themselves in retirement. It is therefore important to ensure that the pension sharing order is fair and reasonable for both parties.

In conclusion, pension sharing orders can be a complex and legally challenging area. It is important to obtain legal advice from a specialist solicitor and to obtain a valuation of the pension assets as early as possible in the process. By taking these steps, clients can minimise the legal risks and ensure that the pension sharing order is fair and reasonable for both parties.

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Regulated Lawyers

Solicitors

Solicitors are highly trained individuals who are registered with the Solicitors Regulation Authority (SRA) on the roll of solicitors in England and Wales. Qualification requires a minimum of 3 years training after graduation. The SRA is the regulatory body for solicitors in England and Wales and sets the regulations and standards for the solicitors’ profession. Practising solicitors must all carry a minimum level of Professional Indemnity Insurance for the protection of their clients. Solicitors are represented by the Law Society.

All of the lawyers at Rainscourt Family Solicitors are qualified solicitors.

Barristers

Barristers are specialised and independent lawyers who typically practise as advocates in court. Barristers normally operate from Chambers, alongside other independent barristers. Barristers are regulated by the Bar Council and are members of one of London’s Inns of Court.

At Rainscourt Family Law Solicitors, we have a network of barristers which we call upon to represent our clients in courts around the country. In most cases, barristers are instructed by solicitors. However, a direct access scheme exists which enables clients to instruct barristers directly.

Legal Executives

Chartered Legal Executive lawyers can carry out reserved legal activities alongside, for example, solicitors, barristers and licensed conveyancers. Chartered Legal Executives are regulated by the Chartered Institute of Legal Executives (CILEx), and must abide by that body’s code of conduct.

Other Authorised Lawyers

There are other specialised types of lawyer who may carry out regulated legal work but who are unlikely to be involved in family law. This includes licensed conveyancers, trade mark attorneys, patent attorneys, notaries and law costs draftsmen.

Non-regulated Lawyers

McKenzie Friends

McKenzie Friends can provide support to individuals in court proceedings, as well as help with note taking and giving advice. However, they are not permitted to speak in court. McKenzie Friends are not controlled or subject to mandatory regulation. They do not have to carry insurance or obtain any legal qualifications.

Paralegals

A paralegal is normally someone who works in a law firm but is not working as a regulated lawyer. They may be working to gain experience while they obtain their professional qualifications. A paralegal may also be referred to as a legal advisor or legal assistant. They cannot carry out reserved activities.

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According to an article from the BBC this week, “UK house prices saw the biggest monthly fall for nearly eight years during April … as demand for homes weakened.” Halifax, the mortgage lender, said prices fell by 3.1% between March and April, the biggest decline since September 2010.

Katie Rainscourt, our Managing Partner, has the following advice for parties who are struggling to sell their properties:

“Your first task is to check your final Order for Sale.  Do you have joint conduct of sale? If so, that means that you should be as involved in the sale as your spouse, even if you are not currently living in the property.  Make an urgent appointment to meet with your estate agent to find out their opinions on why the house is not selling.

If your agent tells you that the house price needs to be reduced, then given your consent to that, and ask for your former spouse to consent to the reduction as well.

If your agent tell you that the house is not presented appropriately, then ask for specific advice as to what should be done to improve the saleability.

You should be kept in the loop by your agent as to any interest or offers that they receive on the property.

If you receive an offer which you want to accept, and your spouse is refusing to accept, your case and Order for Sale may need to be urgently referred back to court.  A judge does have the power to sign sale documents on behalf of your spouse if that is what is needed to get your house sold.”

Roof Lines Xscape Milton Keynes by StooMathiesen

You can contact us for confidential family law advice. We offer free, no obligation, telephone consultations.

If you would like to book an initial phone consultation at no cost, please contact us today.

Copyright 2013-2026 Rainscourt Law LLP. All rights reserved.

The post If you have an Order for Sale and your house is not selling, what should you do? appeared first on Rainscourt Family Law Solicitors.

Divorce

The spouse starting the divorce process (known as the “petitioner”) will have to pay the court fee, currently £550. They may be able to get money off the court fee if they have little savings and have a low income or are on certain benefits. Read more here.

If the spouse receiving the divorce petition (the “respondent”) does not agree to the divorce, they will also need to pay a court fee. It is very rare for a divorce to be defended in this way.

In most cases, the costs will be split between the divorcing couple as follows:

• where adultery is the fact proven, the respondent will pay for 100% of the costs of the divorce (including the court fee).
• For unreasonable behaviour, the couple will split the costs 50/50
• For separation or desertion, the petitioner will pay 100% of the costs.

Financial Claims

Normally each party pays for their own costs in a financial claim.

The general rule in financial proceedings is that the court will not make an order requiring one party to pay the costs of another party. However, a court can order that one spouse pays some of the legal fees of the other if their conduct warrants a costs order. Read our blog about a husband who was ordered to pay his wife’s costs of £1.5m.

The Court may make a Legal Services Order in order to place a divorcing couple on an equal footing financially to meet legal fees. The court will look at the income, earning capacity, property and other financial resources which each party has or is likely to have in the foreseeable future. Read our blog about a husband who was ordered to secure a loan of £150,000 in favour of his wife in order to pay her legal fees.

Other Funding Options

If it is not possible to secure a contribution towards a client’s legal fees, other funding options are often available. Where spouses do not earn a significant income personally and do not have access to family assets, there are a number of ways to fund legal fees. Read more here.

Rainbow of credit by frankieleon

You can contact us for confidential family law advice. We offer free, no obligation, telephone consultations.

If you would like to book an initial phone consultation at no cost, please contact us today.

Copyright 2013-2026 Rainscourt Law LLP. All rights reserved.

The post Who Pays the Legal Fees in a Divorce? appeared first on Rainscourt Family Law Solicitors.

The court looks at all the circumstances in the case when deciding how to share out the assets.   These circumstances are set out in section 25 of the Matrimonial Causes Act.  The court will consider the fact that you paid the deposit but the judge may decide that it is not at all relevant in their decision as to how the assets should be divided.

The fact that you paid the deposit will be irrelevant if that money is needed to meet housing needs.  In a divorce involving a family home and modest savings and pensions, the case is usually a “needs case” which means that all the money will be used to meet needs, and there is no surplus to consider. There is a different approach if the case involves more money than is required to meet financial needs.

The goal of the court in a needs case is to work out how to buy a home for each party using a deposit and a mortgage.  If one party has a higher mortgage capacity, they will require less deposit.  If one party has a lower mortgage capacity as they earn less or have health considerations, caring responsibilities or are older, they will require more deposit from the sale proceeds of the family home.  The question of who put the money into the family home to begin with will only come into consideration if your situation falls outside of the “needs” bracket.

The answer is summarised in this quotation from a case called White v White [2001] 1 AC 596,

‘Plainly, when present, this factor is one of the circumstances of the case. It represents a contribution made to the welfare of the family by one of the parties to the marriage. The judge should take it into account. He should decide how important it is in the particular case. The nature and value of the property, and the time when and circumstances in which the property was acquired, are among the relevant matters to be considered. However, in the ordinary course, this factor can be expected to carry little weight, if any, in a case where the claimant’s financial needs cannot be met without recourse to this property

Milton Keynes milestone by Sarah Joy

You can contact us for confidential family law advice. We offer free, no obligation, telephone consultations.

If you would like to book an initial phone consultation at no cost, please contact us today.

Copyright 2013-2026 Rainscourt Law LLP. All rights reserved.

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