Addressing Financial Matters Alongside Divorce Proceedings – How Best to Prepare

Posted on 20 January 2026 in Family Law

Divorce itself does not dismiss any financial claims either spouse can bring. It is therefore advisable to formally address the finances of the marriage prior to concluding the divorce proceedings. This will include making decisions about assets such as property, savings, and pensions.

Once divorce proceedings begin, there is a minimum 20-week waiting period. This is the earliest time you can apply for the Conditional Order, which is the middle stage. It is good to utilise this time to think about the practicalities of divorce, including discussions about financial matters. A common first step is to exchange full and frank financial disclosure to get a complete picture of the overall finances so that you can make a fair and informed decision.

There are a few initial things you can do to be best prepared:

Familiarise yourself with the Financial Statement (Form E), which has a helpful checklist at the back setting out the supporting financial disclosure documents you and your spouse should pull together.
Obtain 2–3 market appraisals from local estate agents for the family home, if owned, and any other properties you hold an interest in. It is also helpful to request a current mortgage redemption statement to get an idea of the net equity position.
Look into your own individual mortgage raising capacity. It is recommended that you speak to an independent mortgage broker who can look at the options available across a range of lenders, rather than limiting it to your existing mortgage provider, for example.
Request a Cash Equivalent Transfer Value (CETV) from your pension provider(s). It can take a while for these requests to be processed, so the earlier these can be sent off, the better. Requests for public sector pension CETVS, such as the NHS, Armed Forces, or Police, face considerably longer delays. Please read our insight here for further information.

If you and your spouse are able to agree how the matrimonial finances are to be divided during direct discussions, within mediation, arbitration or via solicitor negotiations then you can usually avoid attendance being necessary at Court.

Once an agreement is reached, it is strongly recommended that the terms be incorporated within a Financial Consent Order, which is a formal document that can be submitted at Court for a Judge to review once the Conditional Order has been granted in the divorce. Only once a Judge has approved the Financial Consent Order will there be a binding and enforcement agreement in place.

How Tozers can help

Our experienced team understands the complexities of matrimonial finances and is here to provide guidance every step of the way. We can assist you in drafting the Financial Consent Order to ensure that it accurately reflects your agreement and meets all legal requirements.

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Bea Taylor

Posted by
Bea Taylor
Solicitor

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"David has been my solicitor from the start of my separation to the close of legal proceedings. I chose David to represent me as he was empathetic, measured and captured the priorities of my situation. He has a kind, but firm approach. He understands the nuances of child arrangements, he has access to excellent barristers, and he has strong financial legal knowledge and experience. David helped me recoup significant financial loses."

“Thank you to Eleanor. I am extremely glad that she was the one guiding me through the proceedings.
I am so grateful for all her help. She made me feel as comfortable as I could throughout the process, despite my own complexities.”

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Addressing Financial Matters Alongside Divorce Proceedings – How Best to Prepare

How Tozers can help

Recent cases

Prevented Child Abduction

Secured Child’s Urgent Return to Mother Amid Neglect Allegations

Cleared Father of Abuse Allegations

Secured Urgent Return of Child to Father Amid Mother’s Mental Health Concerns

Advised High-Earning Actuary Husband in Divorce

Secured Wife’s Interests in Property, Business & Pensions Amid Husband’s Suspension

Protected Husband’s Family Assets in Complex Divorce

Secured Findings of Abuse to Protect Mother and Daughter

Child Safely Returned to Mother After Abduction Attempt

Protection Order Secured to Safeguard At-Risk Child

What our clients say

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