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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Recognising this, the Family Justice Council has recently published guidance for professionals working within the family justice system. Its goal is simple: to make sure that neurodivergent people are treated fairly, with the adjustments and understanding they need to fully participate in proceedings.

As a firm that regularly works with neurodivergent clients, we welcome this shift — and here’s what you should know.

A System That Needs to Catch Up

The court system can feel rigid, procedural, and at times inaccessible — especially when dealing with high-conflict family matters. Despite this, there has historically been little awareness of how such an environment can affect neurodivergent individuals.

The new guidance acknowledges that neurodivergent parties, witnesses, and children often find it harder to engage with the court process unless reasonable adjustments are made. And too often, these adjustments are either not offered, or not applied consistently.

Key Changes You Can Expect

The Family Justice Council guidance encourages solicitors, judges, CAFCASS officers, and other professionals to be more proactive and accommodating. This includes:

• Allowing extra time for preparation, responses, and understanding of court materials.
• Communicating more clearly, including the use of plain English and fewer assumptions about what someone “should know.”
• Adjusting court environments — such as providing a quiet waiting space or flexible hearing formats (e.g. remote hearings).
• Being more collaborative with support professionals — for example, involving an advocate, intermediary, or therapist where appropriate.
• Tailoring expectations — recognising that rigid procedures or communication styles may unintentionally disadvantage neurodivergent parties.

How This Might Apply to Your Case

If you’re currently going through family proceedings — whether that’s about where your child lives, how financial arrangements are handled, or how divorce paperwork is processed — this guidance is relevant.

It could mean:

• Ensuring your needs are explained clearly to the court in advance.
• Requesting specific adjustments during hearings (for example, more time to respond to questions or a written agenda ahead of time).
• Asking that professionals involved in your case adapt how they communicate with you or your child.
• Ensuring that any assessments or reports (e.g. from CAFCASS or social workers) take your neurodivergence into account appropriately and fairly.

What We’re Doing as a Firm

We don’t wait for the court to suggest adjustments — we raise them from the outset if we believe they’re relevant to your ability to participate. If you tell us about any particular needs, we’ll work with you to make sure the court is informed and that the right recommendations are made.

We also advocate for a sensitive, non-judgemental approach when dealing with neurodivergent parents or children, and we’re aware of how easily neurodiversity can be misunderstood — especially in disputes over parenting or decision-making capacity.

If You’re Involved in Family Court Proceedings

If you haven’t already done so, let us know about any adjustments that might help you better engage with the legal process. These can be included in your case documents and shared with the court early on.

We can also guide you in preparing supporting information — for example, medical reports or input from therapists or support professionals. This guidance confirms that professionals across the system now have a responsibility to listen and adapt.

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Understanding the Pathfinder Pilot

The Pathfinder Pilot was launched to address longstanding concerns about delays, inefficiencies, and inconsistencies in private family law cases. The initiative aimed to streamline court proceedings, prioritise children’s welfare, and enhance coordination between agencies involved in family law disputes.

Key elements of the pilot included:

• A more holistic, problem-solving approach to case management.
• Increased focus on early intervention and alternative dispute resolution.
• A multidisciplinary approach involving social workers, legal professionals, and mental health experts.
• An emphasis on reducing conflict and improving outcomes for children.

Key Findings from the Evaluation

The evaluation report presents a detailed analysis of the pilot’s implementation, drawing on data from participating courts, interviews with professionals, and feedback from families. Below are some of the most significant findings:

1. Improved Case Management and Efficiency

One of the pilot’s key achievements was improving case management processes. The introduction of structured case pathways and early triage helped reduce unnecessary delays. Cases were processed more efficiently, with a clearer focus on resolution rather than prolonged litigation.

However, while the report found some positive changes in efficiency, it also noted challenges in scaling these improvements across different courts. Some regions saw faster resolution times, while others struggled with resource limitations that affected implementation.

2. A More Child-Centred Approach

A major objective of the pilot was to prioritise children’s welfare in private law disputes. The evaluation found that the introduction of a child-centred approach helped ensure that children’s voices were heard throughout proceedings. This was facilitated through increased input from family court advisors and child welfare professionals.

That said, there were inconsistencies in how children’s views were incorporated. Some professionals reported difficulties in balancing the need to hear from children while shielding them from conflict.

3. Greater Use of Alternative Dispute Resolution (ADR)

The Pathfinder Pilot encouraged greater use of ADR methods such as mediation and negotiation, with the goal of reducing adversarial court battles. The report found that more families engaged in ADR, leading to better cooperation between separating parents and, in some cases, avoiding the need for formal litigation.

However, the uptake of ADR varied significantly. Some families embraced mediation, while others found it unsuitable due to high levels of conflict or domestic abuse concerns.

4. Interdisciplinary Collaboration

One of the pilot’s most innovative features was its emphasis on interdisciplinary collaboration. Judges, social workers, mental health professionals, and legal representatives worked together more closely to create holistic solutions for families.

While this approach was praised for fostering more comprehensive case management, professionals also reported challenges in coordination. Differing perspectives and workloads sometimes hindered effective collaboration.

5. Addressing Domestic Abuse Concerns

The pilot placed a strong focus on ensuring that cases involving domestic abuse were handled with greater sensitivity and expertise. Special measures, such as enhanced risk assessments and better support for victims, were implemented in participating courts.

While progress was noted in identifying and addressing domestic abuse cases, the evaluation found that more work was needed to ensure consistent practice across all courts. Some victims still faced barriers in accessing appropriate support and protection.

Challenges and Areas for Improvement

Despite its successes, the evaluation report also identified several areas that require further development:

• Inconsistencies in Implementation: The impact of the pilot varied across different regions, with some courts experiencing greater success than others. Addressing these disparities will be crucial in any future rollout.
• Resource Constraints: A lack of sufficient funding and staffing in some areas limited the pilot’s effectiveness. The report suggests that additional investment is needed to ensure that all courts can implement the recommended changes effectively.
• Need for More Public Awareness: Many families entering the legal system were unaware of the alternative dispute resolution options available. Greater public education and legal guidance could help more families resolve disputes without resorting to court proceedings.

The Future of Private Law Reform

The findings of the evaluation suggest that the Pathfinder Pilot has laid the groundwork for meaningful improvements in private law proceedings. However, for these changes to have a lasting impact, further refinement and expansion of the initiative will be necessary.

Potential next steps include:

• Expanding the pilot to more courts across the UK to ensure a consistent approach to private law cases.
• Investing in training for legal professionals and social workers to enhance interdisciplinary collaboration.
• Increasing support for alternative dispute resolution to encourage more families to resolve disputes outside of court.
• Strengthening measures to protect victims of domestic abuse by ensuring more consistent application of risk assessments and support services.

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Divorce Applications and Final Orders

Between October and December 2024, there were 24,171 divorce applications, with 74% filed by sole applicants and 26% by joint applicants. Throughout the year, 108,657 divorce applications were submitted, marking a 4% decrease from 2023. However, the number of final orders granted rose by 2%, reaching 105,449.

The introduction of no-fault divorce legislation continues to shape divorce proceedings. In the final quarter of 2024, 23,413 final orders were granted, reflecting a 2% rise compared to the same period in 2023. Digital divorce cases have also seen significant adoption, accounting for 97% of applications by the end of the year.

Orders to Prevent Domestic Abuse

Cases related to domestic violence remained a critical concern. The number of applications rose by 2% in the last quarter of 2024 compared to 2023, while the number of orders made remained relatively stable, decreasing by less than 1%. Over the year, 30,823 applications were made, and 36,962 orders were granted.

Overall Family Court Activity

Family court cases experienced a 1% decline in 2024 compared to 2023, continuing the downward trend from the 2022 peak. This reduction was primarily driven by fewer matrimonial cases, although financial remedy, public law, and private law cases experienced minor increases. Encouragingly, case closures rose by 5%, with significant improvements in financial remedy, domestic violence, and private law matters.

Private Law Cases: Growth in Applications and Disposals

Private law cases, which typically involve child arrangements and parental disputes, saw a 2% increase in case starts in the last quarter of 2024, bringing the annual total to 51,473 cases. Disposals also increased by 5% year-on-year, reaching 47,170 cases. The timeliness of private law cases improved, with the average time to final order dropping from 45 weeks in 2023 to 42 weeks in 2024.

Legal Representation Trends

Legal representation in private law cases has remained stable following the impact of the LASPO Act. In the final quarter of 2024, 38% of cases had neither party represented, down 2 percentage points from the same period in 2023. Cases where both parties had legal representation stood at 18%, also down by 2 percentage points.

Financial Remedy Cases on the Rise

Financial remedy applications increased by 5% in the last quarter of 2024, with 11,023 applications made. Disposals saw a more significant 29% increase, totalling 12,806 disposal events. Over the year, financial remedy applications rose by 3%, and disposals increased by 15% to 47,164.

While divorce applications have slightly declined, final orders and digital divorces continue to rise. Orders to prevent domestic abuse remain a pressing issue, and private law cases are seeing gradual increases in both applications and resolutions. As family law evolves, these trends provide valuable insights into the efficiency and accessibility of the family court system

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This financial settlement will primarily need to consider the financial needs of a child. This will be a priority of the court and should therefore be your primary focus too if you are separating.

If you are married, the financial settlement will be dealt with primarily under the divorce laws. If you are not married, the settlement will be dealt with under the provisions of the Children Act 1989 named “Schedule 1”.  The financial settlements will be reviewed by the Family Court to ensure that they become binding, enforceable arrangements.

The Child Maintenance Service is not part of the Family Court and is run by the Department of Work and Pensions.  The settlements to meet children’s financial needs dealt with under divorce laws or the Children Act are dealt with by the Family Court.  The Child Maintenance Service does not take into account whether you were married or not and assesses child maintenance on the basis of a percentage of the income of the parent with whom the child spends fewer nights.  The Family Court reviews children’s needs in a different way, assessing this on the basis of the financial position of the parents, the financial needs of the child and importantly, any physical or mental disability of the child.

If your child is neurodivergent, they are likely to have additional financial needs. This means that when your former partner is assessed by the Child Maintenance Service and starts to pay child maintenance,  you may find that you are not able to make ends meet on the income that you receive.  The costs of therapy and additional supports which your child requires may be expensive.  This is the reason that the court has the power to make financial awards to parents and divorcing spouses to meet the financial needs of children.

If you are the parent of a child with additional needs, it is important to ensure that on relationship breakdown that the settlement takes into account all of your child’s financial needs.

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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.

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What is the First Appointment?

When couples get divorced and cannot agree on finances, they may need a court to step in. The First Appointment is the first court hearing that helps decide how to handle financial matters.

At this stage, the court looks at what financial documents are needed and plans the next steps. Normally, both people and their lawyers must go to court, which can take time and cost a lot of money.

How the Accelerated First Appointment Works

The Accelerated First Appointment is designed to speed up this process. If both people agree on what needs to be done, they may not have to go to court at all. Instead, they submit their documents early, and a judge reviews them. If everything is in order, the hearing is cancelled, saving both time and money.

To qualify for the Accelerated Procedure, you and your ex must:

• Agree on the issues, even if you do not agree on the outcome.

• Submit all the required financial documents on time.

• Work together to create a consent order (a document explaining how the case will proceed).

Once the documents are submitted, a judge will review them. If approved, there is no need to attend court, and the case can move forward faster.

This process has several benefits:

• Saves money – No court hearing means lower legal fees.

• Moves faster – No waiting for a court date.

• Less stress – No need to appear in court unless absolutely necessary.

• Encourages teamwork – Working together makes the process smoother.

Is This the Right Choice for You?

Not every case can use the Accelerated Procedure. If there are disagreements over finances, hidden assets, or fairness concerns, a regular court process might be needed. However, if both people can cooperate, this method is a much quicker and more affordable option.

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When parents of a neurodiverse child separate, it can present greater challenges.  The child may need a very settled routine or dislike transitions.  If their parents are now living in two homes, this presents a completely new way of life for the child.  It may therefore not be a realistic option to expect that child to swiftly adjust to regular transitions between two homes.  These changes require careful planning. If one parent is expecting change at a greater rate than the child is able to offer, it can result in acrimony between the parents. It may lead to accusations that one parent is alienating the child against the other parent, and handover times can become fraught. 

These types of issues can occur in all separations, but a neurodiverse child may be particularly vulnerable in these circumstances.

Children may be asked when their parents separate about their views about the family arrangements. If court proceedings are underway, a CAFCASS professional may meet with the child at school, without either parent present, to discuss the situation with them. CAFCASS’ role is provide an independent view to the judge about their views as to the best options for a child, making recommendations as to how a child’s time should be shared between their parents’ homes.    A child with autism may have particular communication needs, which can make a meeting with a new adult more challenging. 

Our role as solicitors specialising in this area is to ensure that these types of issues are avoided, by working with you from separation to identify your preferred routine for your child and advising you how to achieve the outcome which meets your child’s needs.

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