Financial Remedy Help for Litigants in Person | JSH Law

Divorce does not automatically sort out the finances.

You can be divorced and still have unresolved financial claims.

A financial remedy case may involve the family home, mortgages, savings, debts, pensions, businesses, income, investments, inheritances, gifts from family members and questions about where both people — and any children — are going to live.

For a litigant in person, the difficult part is often not just understanding the law.

It is keeping control of the information.

You may need to complete Form E, analyse the other party’s disclosure, prepare a questionnaire, obtain housing and mortgage evidence, understand pension figures, negotiate at an FDR and keep track of a constantly changing asset schedule.

JSH Law’s approach is practical:

Get the financial landscape clear first. Then identify the issues. Then work out what needs to be resolved.

What this page covers

This page focuses primarily on financial claims arising from divorce or dissolution of a civil partnership in England and Wales.

Different legal frameworks apply to unmarried couples, property disputes under the Trusts of Land and Appointment of Trustees Act 1996, Schedule 1 Children Act claims, inheritance disputes and some overseas-divorce cases.

The short answer: what does the court look at in a financial remedy case?

There is no automatic formula that simply divides every divorce 50/50.

The court must consider all the circumstances of the case under section 25 of the Matrimonial Causes Act 1973, with first consideration given to the welfare of any child of the family under 18.

Relevant factors include:

• income and earning capacity;
• property and other financial resources;
• financial needs, obligations and responsibilities;
• the family’s standard of living during the marriage;
• the parties’ ages;
• the duration of the marriage;
• physical or mental disability;
• contributions to the welfare of the family, including caring for the home and children;
• conduct where it would be inequitable for the court to disregard it; and
• the loss of relevant benefits, including pension benefits.

The outcome depends upon the facts. In many ordinary cases, housing and income needs are central.

Financial remedy support does not have to mean handing over your entire case

JSH Law can provide privately funded, defined-scope support with particular stages or documents.

Depending on the case, that may include:

• Form E preparation and organisation;
• reviewing the other party’s Form E;
• disclosure schedules;
• questionnaires;
• chronologies and statements of issues;
• asset and liability schedules;
• housing-needs evidence;
• mortgage-capacity material;
• FDR preparation;
• offers and proposals;
• hearing preparation; and
• organising evidence where disclosure is incomplete or disputed.

What is a financial remedy?

“Financial remedy” is the broad term used for financial orders made in connection with divorce or dissolution and certain other family proceedings.

Depending on the case, the court may be asked to deal with:

• lump-sum payments;
• periodical payments or maintenance;
• property adjustment;
• sale or transfer of property;
• pension sharing;
• pension attachment;
• interim maintenance;
• payments towards legal services in appropriate cases; or
• other orders within the court’s statutory powers.

The court is not trying to punish one spouse for the breakdown of the marriage.

The task is to reach a lawful financial outcome after considering the circumstances and the statutory factors.

Before going to court: disclosure, negotiation and non-court dispute resolution

Financial remedy proceedings now place significant emphasis on attempting to resolve disputes without unnecessary litigation.

Practice Direction 9A contains a pre-application protocol.

Unless there are safety concerns or another good reason, parties are expected to consider appropriate forms of non-court dispute resolution.

These can include:

• mediation;
• arbitration;
• private Financial Dispute Resolution;
• neutral evaluation; and
• collaborative processes.

Before proceedings, parties should also attempt appropriate voluntary financial disclosure and negotiation where possible.

What is Form FM5?

Form FM5 records a party’s position on non-court dispute resolution.

In financial remedy proceedings where the requirement applies, the form should generally be filed with the court and served on the other party at least 7 working days before the relevant first hearing or appointment, unless the court directs otherwise.

What is the usual financial remedy court process?

Under the standard procedure, a contested financial remedy case commonly follows this broad route:

Many cases settle before final hearing.

Your individual order may alter the timetable or require additional hearings.

Is there now a faster procedure for some lower-asset financial remedy cases?

Yes.

An Express Financial Remedy Procedure is currently operating as a pilot in specified Family Court locations.

Broadly, the pilot can apply to certain contested divorce or civil-partnership financial remedy applications where:

• the case would otherwise follow the standard procedure;
• the application is not simply for a consent order;
• the parties’ combined net assets are expected to be below £250,000 excluding pensions;
• the application falls within the specified category; and
• the case is issued at a participating court during the pilot period.

The pilot currently runs until 2 April 2027 in the specified locations.

Form E: the foundation of financial remedy disclosure

Form E is the detailed financial statement used in the standard financial-order process.

It requires information about matters including:

• property;
• mortgages;
• bank and savings accounts;
• investments;
• life policies;
• business interests;
• pensions;
• income;
• liabilities;
• capital needs;
• income needs; and
• other relevant financial resources.

Form E must be verified by a statement of truth.

In the standard procedure, both parties must simultaneously exchange and file their financial statements not less than 35 days before the First Appointment.

Do not complete Form E from memory

Assemble the evidence first.

Depending on your finances and the requirements of the form, supporting material may include:

• property and mortgage documents;
• bank statements;
• savings and investment statements;
• pension valuations;
• payslips;
• P60 and P11D documents where applicable;
• tax documentation;
• business accounts;
• loan documentation; and
• documents explaining unusual or significant assets or liabilities.

Use the current version of Form E and follow the document requirements set out within the form itself.

Full and frank disclosure is fundamental

Financial remedy proceedings depend on both parties providing proper financial disclosure.

Form E itself states that parties owe the court a duty to provide full, frank and clear disclosure of their financial and other relevant circumstances.

Disclosure is also ongoing.

If a material financial circumstance changes during the case, the information may need to be updated.

Common disclosure issues include:

• missing bank accounts;
• unexplained transactions;
• incomplete business information;
• undisclosed cryptocurrency;
• missing pension information;
• unexplained transfers to relatives;
• disputed debts;
• assets held abroad;
• trust interests;
• income which does not appear to match lifestyle;
• large cash withdrawals; or
• significant changes immediately before or after separation.

None of these automatically proves concealment.

They may, however, justify a proportionate request for clarification or further documents.

The questionnaire: ask what actually matters

After Form E disclosure, each party can identify information or documents they say are still required.

Under the standard procedure, a questionnaire is filed and served before the First Appointment.

The current Financial Remedies Guide states that questionnaires should ordinarily be no more than four A4 pages, unless the complexity of the case — including a genuine non-disclosure issue — justifies more.

Questions should be:

• relevant;
• proportionate;
• linked to a live issue;
• specific enough to answer;
• directed at information not already disclosed; and
• limited to material the court may actually need.

A questionnaire should not become:

“Please account for every purchase you have made since 2009.”

If one unexplained £30,000 transfer matters, ask about that.

Do not bury it inside 147 questions about supermarket spending.

What happens at the First Appointment?

The First Appointment is primarily a case-management hearing.

Under Part 9, its objective is to define the issues and save costs.

The court may consider:

• which questionnaire questions need to be answered;
• what further disclosure is necessary;
• property valuations;
• business valuations;
• pension evidence;
• expert evidence;
• mortgage capacity;
• housing needs;
• third-party interests;
• whether further schedules are required;
• non-court dispute resolution;
• the FDR timetable; and
• what else needs to happen before meaningful settlement discussions can take place.

The question is not simply:

“Who should get what?”

At this stage it is often:

“What information do we still need before this case can sensibly be negotiated or decided?”

ES1 and ES2: the court needs the case at a glance

The 2026 Financial Remedies Guide places significant emphasis on two composite documents.

ES1 — Composite Case Summary

ES1 is designed to give the court a concise picture of the case and the issues.

ES2 — Composite Schedule of Assets and Income

ES2 provides an at-a-glance financial picture showing the parties’ assets, liabilities and income, including where figures are disputed.

The Financial Remedies Guide requires the parties to collaborate on these documents.

That obligation applies equally to litigants in person.

Housing needs and mortgage capacity need evidence

It is not enough to say:

“I need £400,000 for a house.”

The court needs to understand the basis of the figure.

The current Financial Remedies Guide expects practical housing material to be prepared for the First Appointment, including appropriate property particulars and indicative borrowing-capacity evidence.

Useful evidence can include:

• realistic property particulars;
• location;
• number of bedrooms;
• children’s accommodation requirements;
• school or work location where relevant;
• mortgage capacity;
• available deposit;
• mortgage repayments;
• rental alternatives; and
• other relevant housing circumstances.

Housing evidence should be realistic for both parties, not just the person preparing it.

What can happen to the family home?

There is no single answer.

Possible outcomes can include:

• sale of the property;
• transfer to one party;
• payment of a lump sum in connection with a transfer;
• a deferred sale in an appropriate case; or
• other arrangements within the court’s powers.

The right outcome depends upon the overall financial picture and section 25 factors.

If the house transfers to one person, does the mortgage automatically transfer too?

Not necessarily.

Ownership of the property and liability to the mortgage lender are connected but distinct issues.

A proposal involving transfer into one person’s sole name needs to consider:

• whether the existing lender will release the other borrower;
• whether a new mortgage or remortgage is required;
• whether the remaining borrower can satisfy affordability requirements;
• how any lump sum will be funded; and
• the timing of transfer and refinance.

“My parents gave me the money” — gift, loan or third-party interest?

Financial remedy cases often involve money from parents or other family members.

The label used by the family is not necessarily the end of the analysis.

Relevant evidence may include:

• whether there was a written loan agreement;
• when the money was provided;
• what was said at the time;
• whether repayment terms existed;
• whether interest was payable;
• whether repayments have actually been made;
• how the money has been treated in previous financial documents;
• whether repayment has ever been demanded;
• the financial circumstances of the person who advanced the money; and
• whether a third party claims an actual legal or beneficial interest in property.

A genuine third-party property claim may require particular procedural treatment.

Do not retrospectively turn a gift into a loan — or a loan into a gift — simply because one label now produces a more helpful outcome.

Do not treat pensions as an afterthought

Pensions can be one of the most valuable assets in a marriage.

Yet because they are not immediately spendable, they are often overlooked.

Relevant pension issues can include:

• Cash Equivalent Transfer Values;
• defined-benefit pensions;
• defined-contribution pensions;
• public-sector schemes;
• pension sharing;
• pension attachment;
• retirement ages;
• tax implications;
• differences between capital values and future income; and
• whether expert pension evidence is genuinely required.

In some cases a simple comparison of CETVs may be sufficient.

In others it may not tell the whole story.

Expert evidence requires court permission and should be proportionate to the issue.

Businesses and self-employment: value and income are different questions

A business may be relevant both as:

• a capital asset; and
• a source of current or future income.

Useful material may include:

• company accounts;
• management accounts;
• corporation-tax records;
• personal tax returns;
• dividend information;
• director’s loan accounts;
• shareholdings;
• business bank records where properly required;
• remuneration history; and
• evidence relating to value where valuation is genuinely in issue.

Do not assume that a company turnover of £1 million means somebody personally earns £1 million.

Equally, declared salary may not always reveal the full economic benefit available through a company.

Analyse what the documents actually show.

What about assets owned before marriage, inheritance or family gifts?

These assets may give rise to arguments about non-matrimonial property.

Relevant questions can include:

• when the asset was acquired;
• where it came from;
• whether it was inherited or gifted;
• how long the marriage lasted;
• whether the asset was kept separate;
• whether it was used for the family;
• whether it was mixed with matrimonial assets;
• whether its value changed during the marriage; and
• whether the parties’ needs can be met without using it.

Describing something as “my inheritance” does not automatically decide the outcome.

These cases can be legally complex and are particularly fact-sensitive.

Domestic abuse and economic abuse in financial remedy proceedings

Domestic abuse can affect financial proceedings in several ways.

It may affect:

• safe communication;
• ability to negotiate freely;
• access to financial information;
• access to money;
• debts;
• housing;
• employment;
• participation in hearings; and
• the suitability of particular forms of non-court dispute resolution.

Economic abuse may also explain unusual financial arrangements, lack of access to accounts, debt or the absence of information one party might otherwise be expected to possess.

However, a finding or allegation of domestic abuse does not automatically produce a larger financial award.

“Conduct” is a specific section 25 consideration where the conduct is such that it would be inequitable for the court to disregard it.

The financial consequences of abuse, needs and other section 25 factors may nevertheless be relevant in their own right.

What happens at an FDR?

The Financial Dispute Resolution appointment is the principal court-based settlement stage.

It is not normally a trial.

The judge considers the financial information, the issues and the parties’ proposals and can give an indication of the sort of outcome the judge considers appropriate.

The parties then negotiate.

Part 9 expressly requires the parties attending an FDR to use their best endeavours to reach agreement.

Importantly, the FDR operates on a protected basis to enable open settlement discussion.

The judge who conducts the FDR does not ordinarily go on to determine the final hearing if settlement is not reached.

Both parties must personally attend unless the court directs otherwise.

What is a private FDR?

A private FDR is a form of neutral evaluation conducted outside the ordinary court FDR listing.

The parties jointly appoint and pay an experienced evaluator to hear the competing positions and provide an indication intended to promote settlement.

It is voluntary.

The 2026 Financial Remedies Guide expressly recognises private FDRs and provides a procedural framework where the court agrees that route.

Potential advantages can include:

• more control over the date;
• more dedicated time;
• choice of evaluator;
• focused preparation; and
• greater opportunity for negotiations during the day.

Cost and suitability need to be considered in the individual case.

Offers matter — and so does the way you negotiate

Financial remedy litigation is not just preparation for a final hearing.

There is an ongoing expectation that parties consider settlement.

The 2026 Financial Remedies Guide says the court will expect to be told what efforts the parties have made to negotiate openly and reasonably.

If an FDR does not settle the case, Part 9 ordinarily requires open proposals for settlement to be filed and served within the timeframe directed by the court — or, if no different direction is made, within 21 days after the FDR.

Offers should be practical.

A useful proposal should make clear:

• what happens to the family home;
• whether a lump sum is payable;
• how pensions are dealt with;
• whether maintenance is proposed;
• how debts are treated;
• the proposed implementation timetable;
• what happens to any joint accounts or liabilities; and
• whether a clean break is intended.

Preparing for a financial remedy final hearing

If settlement cannot be reached, the court determines the case.

Preparation may include:

• updated financial disclosure;
• updated ES1;
• updated ES2;
• a composite chronology;
• an agreed or clearly defined statement of issues;
• section 25 witness statements;
• open offers;
• cost information;
• expert evidence where permitted;
• housing material;
• mortgage capacity;
• pension evidence;
• the hearing bundle; and
• a clear schedule of the orders each party seeks.

The 2026 Financial Remedies Guide requires composite key documents and specifically states that this applies to litigants in person too.

We have agreed the finances. Is that the end of it?

Not necessarily.

An informal agreement between former spouses does not automatically dispose of all potential financial claims.

Where appropriate, the agreement can be placed before the court as a proposed consent order.

The court will normally require financial information, including the relevant statement of information — commonly Form D81 — so that the judge can consider the proposed order.

What is a clean break?

A clean break prevents specified future financial claims between former spouses or civil partners.

Whether an immediate clean break is possible depends on the circumstances.

It should not be assumed merely because somebody says:

“We have divided everything already.”

The order needs to reflect what has actually been agreed and deal properly with the financial claims concerned.

What if you think the other party has not disclosed everything?

Start with evidence, not suspicion.

Identify:

1. What do you believe is missing?
2. Why do you believe it exists?
3. What document or information supports that concern?
4. Why is it financially material?
5. What proportionate disclosure would resolve the issue?

For example:

“Bank statement A shows recurring monthly transfers to an account ending 4321. That account is not identified in Form E. Please provide the account details and statements for the relevant period.”

is considerably more useful than:

“I know they are hiding money.”

Serious non-disclosure may require further directions and can affect costs and the court’s assessment of the evidence.

Who pays the legal costs in a financial remedy case?

The general rule in financial remedy proceedings is that the court does not order one party to pay the other party’s costs.

But that is not an absolute rule.

The court can make a costs order because of litigation conduct.

Relevant matters can include:

• failure to comply with court orders;
• failure to comply with procedural rules;
• unreasonable pursuit or defence of an issue;
• the manner in which proceedings have been conducted;
• open offers;
• failure, without good reason, to attend a MIAM or NCDR; and
• other relevant litigation conduct.

Parties must also provide costs estimates and, before a final hearing, fuller particulars of costs in accordance with Part 9.

Common financial remedy mistakes

Disclosure → Issues → Evidence → Needs → Options → Proposal

Financial remedy cases become much easier to understand once the numbers are organised.

What are the assets? What are the debts? What is disputed? What is missing? What can each person borrow? What do suitable homes cost? What pension provision exists? What income is available?

Once those questions are answered, the argument becomes considerably more focused.

How JSH Law can help with financial remedy proceedings

JSH Law provides privately funded, defined-scope litigation and document-preparation support for litigants in person.

Depending on the agreed scope, support may include:

• organising Form E preparation;
• checking Form E for internal consistency and missing supporting material;
• reviewing the other party’s disclosure;
• preparing a disclosure comparison;
• identifying evidential gaps;
• drafting or organising a questionnaire;
• preparing financial chronologies;
• preparing an issues list;
• working with ES1 and ES2;
• preparing asset and liability schedules;
• organising property valuation evidence;
• organising mortgage-capacity evidence;
• organising housing particulars;
• pension-document organisation;
• business-document analysis and indexing;
• FDR preparation;
• preparing settlement comparisons;
• organising proposals and offers;
• position statement preparation;
• final-hearing preparation;
• bundle and document organisation; and
• post-hearing action and deadline tracking.

Asking JSH Law for financial remedy help? Send these first

Do not begin by sending ten years of bank statements.

Start with:

1. The latest court order.
2. The hearing notice and next hearing date.
3. Form A, if proceedings have been issued.
4. Your Form E, if completed.
5. The other party’s Form E, if received.
6. Any questionnaire and replies.
7. The current ES1 and ES2, if available.
8. Any current property valuation.
9. Any mortgage-capacity evidence already obtained.
10. Any pension valuations currently relied upon.
11. Any offers or proposals already made.
12. A short explanation of what remains disputed.

Defined-scope financial remedy support

JSH Law support is privately funded.

You may need assistance with one Form E, one questionnaire, disclosure analysis, an FDR or a broader evidence-and-hearing preparation exercise.

The agreed task, scope and fee basis will be confirmed before substantive work begins.

Frequently asked questions about financial remedy proceedings

Related JSH Law guides

• Family Court Evidence & Chronology Help
• Family Court Hearing Preparation
• Family Court Legal Aid: Do You Qualify?
• Domestic Abuse Evidence & PD12J
• Urgent Family Court Document Help

Official legal and procedural sources

This page has been prepared by reference to current official sources including:

• Family Procedure Rules Part 9 – Applications for a Financial Remedy
• Practice Direction 9A – Application for a Financial Remedy
• Financial Remedies Court – Financial Remedies Guide 2026
• Matrimonial Causes Act 1973
• Practice Direction 27A – Family Proceedings: Court Bundles
• Family Procedure Rules Part 28 – Costs
• HMCTS – Financial Remedy Forms
• HMCTS – Form FM5: Statement of Position on Non-Court Dispute Resolution
• Practice Direction 36ZH – Express Financial Remedy Procedure Pilot

Legal and procedural information last checked: 16 September 2026.

Important service information

JSH Law provides defined-scope litigation support, document-preparation assistance and practical support for litigants in person.

The service described on this page does not mean that JSH Law is placed on the court record as conducting the proceedings or that rights of audience arise automatically.

Where formal regulated legal advice, conduct of litigation, reserved advocacy, specialist tax advice, regulated financial advice, conveyancing or pension advice is required, assistance should be obtained from an appropriately authorised professional.

JSH Law cannot predict or guarantee the financial order a court will make.

Litigants in person remain responsible for approving documents, making decisions about their case, complying with court orders, filing and serving documents where required and meeting court deadlines.

This page provides general information about financial remedy proceedings in England and Wales. It is not case-specific legal advice. Financial outcomes are highly fact-sensitive and depend on the assets, liabilities, income, needs, evidence and wider circumstances of the individual case.

Before you argue about what is fair, get the financial picture clear

Assets. Debts. Housing. Mortgage capacity. Pensions. Income. Disclosure. Offers.

JSH Law can help turn a difficult financial remedy file into a structured working case.

Start with a 15-minute introductory call

The introductory call is designed to establish what stage your financial remedy case has reached, what immediate problem you are dealing with and whether JSH Law may be able to assist with a defined piece of work.

If proceedings have already started, have your latest court order and next hearing date available if possible.

The introductory call does not itself provide formal case-specific regulated legal advice or create a solicitor-client relationship. Any paid support, scope and fee will be agreed separately before substantive work begins.