This guide provides information about financial settlements for couples who are getting divorced or ending a civil partnership.

We aim to help you understand more about what a judge might do in a case like yours to give you a better chance of making a fair agreement with your ex without having to go to court.

It will also be a great help as a source of information if you are working in mediation to reach a financial settlement.

This guide is for people who want to sort out their finances themselves when they get divorced. Perhaps because they don’t want to have to go to court or are worried about how much it will cost if they get a lawyer to do it for them. Most people in this situation don’t know what would be the fair thing to do. What they do know is that they don’t want to get less or pay more than a judge would order.

It doesn’t matter whether you are trying to negotiate directly with your ex, going to family mediation or preparing for court; you need to understand what a judge might do in a case like yours so you know more about:

• What is fair for you to agree to, and
• What is fair for you to suggest to your ex.

This guide is for you if:

• You live in England or Wales, and
• You are or were married or in a civil partnership, and
• You are or have been involved in divorce proceedings or proceedings to end a civil partnership, or are likely to be, and
• You and your ex are trying to agree how you will share out what you own between you, including any family home.

It is also for people supporting others in this situation, for example Personal Support Unit volunteers, CAB volunteers, housing support workers, advice workers and court staff as well as relatives and friends.

This guide is not for you if:

• You live outside England and Wales

or

• You have been living with someone (cohabiting) but are not married to them or in a civil partnership.

This is because the law for couples who live together without being married or in a civil partnership is completely different. You can find more information about what the law says about couples in this situation here: Living Together.

What does this guide do?

• Provides information about financial settlements for couples who are getting divorced or ending a civil partnership.
• Explains what a judge would take into account and weigh up in their mind when making financial orders when you get divorced.
• Aims to help you understand more about what a judge might do in a case like yours, so that you have a better chance of making a fair agreement with your ex.

Everything in this guide applies equally whether you were married or in a civil partnership.

We try to explain any legal language as we go along, but there is also a jargon buster at the end for quick reference, see What does it mean?

It is long, but don’t be put off. You could try reading through the whole thing once and then refer back to key headings to find the sections that are most relevant to you.

What does this guide not do?

We do not explain how to apply to the court for a financial order. If you need to do this we have another guide that explains the process: How to apply for a financial order without the help of a lawyer at: Apply for a financial order without the help of a lawyer.

We do not deal in detail with child maintenance. Visit Child Maintenance Options: Child Maintenance Options for information about child maintenance and a calculator to help you work out how much maintenance you should get or pay.

If you have what lawyers call a ‘high value’ case then this guide will be of limited use. ‘High value’ cases are ones where there are millions of pounds at stake. These cases often raise complex legal issues which we cannot deal with in this guide. You should seek legal advice if you are in this situation.

We also do not deal with other special situations, for example, where:

• there are complex business interests or trusts, or
• someone other than you or your ex (the law calls this person a ‘third party’) claims that they own all or part of your or your ex’s money or property, or
• you made a pre-nuptial agreement about your finances, or
• you are worried about your ex hiding or getting rid of money or property.

In all these situations, ask to speak to one of our mediators as soon as possible who specialises in financial work.