Help Guide 5

Dividing Marital Assets, Finances, And Pensions

(Also called ancillary relief, financial remedy or financial settlement process)

If there is a chance, even a small one, that you and your ex-partner can sort out the division of your marital assets, finances, pensions, and spousal maintenance between yourselves through mediation or privately, then we would encourage you to do so. If this is the case and you both have done this then please click on box 1 below. Box 1 will go through how to get the family court to approve your financial settlement agreement that has been agreed between yourselves or through mediation. We will also give you an overview of what you can include in your financial settlement agreement.

However, if you feel that your ex-partner is hiding assets, cheating you out of your share, or your ex-partner is not being truthful, then the courts are for you. But we must warn you, the court process and dealing with solicitors and barristers could turn out to be very expensive, traumatic, and time-consuming. If you DO need to go through the court process to reach a financial settlement but are not entitled to legal aid or cannot afford the high fees of solicitors and barrister, then you can do this as a litigant in person (a person who is involved in court proceedings and is not represented by a solicitor or barrister). This can be scary and daunting, but this Help Guide 5 will help you learn the whole court process, including which forms you may need. Please click on and read boxes 2 – 17 below. You will be shown what to do.

This Help Guide 5 will take you through the many aspects of dividing marital assets between you and your ex-partner in a divorce so you feel in control and on top of things.

The court process of dividing assets is also called the ancillary relief process, financial remedy process, and financial settlement.

BOX 1 – Will show you how to get the court to approve your financial settlement agreement agreed between yourselves or through mediation. You will also be given an overview of what you can include in your financial settlement agreement.
BOX 2 – Will take you, step by step, through the whole court process of dividing your assets, finances and pensions between you and your ex-partner if you cannot come to a private arrangement yourselves or through mediation. This will include the process of you making the initial application to the family court to start proceedings and your ex-partner responding to this application.
BOXES 3 & 4 – Will take you through the forms you may need throughout the whole process.
BOX 5 – Will take you through the statements and bundles you may need to produce for the court.
BOX 6 – Will go through the forms used if you want to appeal a family court decision & explain what a court transcript is.
BOX 7 – Will explain the process of taking a McKenzie friend with you into the courtroom.
BOX 8 – Will explain in detail the time leading up to the day of your hearing, the process of arriving in court, what to do in the courtroom, remote phone and video call hearings, and the charity ‘support through court‘.
BOX 9 – Will briefly explain what specific financial terms mean and the different types of financial court orders you can apply for.
BOX 10 – Will explain what a ‘with notice’ and ‘without notice (ex parte)’ court application means.
BOX 11 – Will guide you through the valuations, expert evidence, capital gains tax, and private residence relief information that the court will require in the process of diving your assets, finances and pensions.
BOX 12 – Will show you the process of dividing yours or your ex-partner’s pension between you both and what pension sharing orders are.
BOX 13 – Will take you through pre-nuptial and post-nuptial agreements.
BOX 14 – Will go through spousal maintenance.
BOX 15 – Is all about you and your matrimonial home rights and about claiming occupational rent for the family home.
BOX 16 – Will explain to you how being self-employed and owning a small/medium size business could impact your divorce/financial settlement.
BOX 17 – Is about what considerations are given when marital money and assets is divided.
BOX 18 – Will go over all the methods available to you to send your documents and files to the court.
BOX 19 – Will go into detail about court orders and court hearings.

1

1) How To Get The Court To Approve Your Financial Settlement Agreement Agreed Between Yourselves Or Through Mediation

2) What You Can Include In Your financial settlement agreement Agreed Between Yourselves Or Through Mediation

2

A basic Step By Step Account Of The Whole Court Process Of Dividing Marital Assets Including Making The Initial Application To Start court proceedings

3

The Main Forms & Statements You May Need In The Court Process Of Dividing Marital Assets, Finances, & Pensions

1) Form A
2) Form A1
3) Form E
4) Form G
5) Statement Of Issues
6) Questionnaire
7) Chronology
8) Form H
9) Form D11
10) Form D81
11) Scott Schedule

4

Other Important Forms You May Need

1) Form EX160
2) Form TR1
3) Form LOCO19
4) Form LOCO19 - minor
5) Form FL401
6) Form FL401T
7) Form FL403
8) McKenzie Friend Form
9) Form N434
10) Form FP9
11) Form FP6
12) Form BR20NSP
13) Form EX740
14) Form EX741
15) Form FC600
16) Form GRO 185

5

Statements, Documents, And Bundles You May Need To Produce For The Court Process Of Dividing Marital Assets, Finances, & Pensions

1) Witness Statement
2) Position Statement
3) S25 Statement
4) Draft Consent Agreement
5) Bundle
6) Statement of Issues
7) Questionnaire
8) Chronology

6

1) The Main Forms You Will Need If You Want To Appeal A Family Court Decision

1) Form N161
2) Form FP161
3) Form EX107
4) Form EX105
5) Form N162
6) Form N244
7) Form FP244
8) Form N163

2) What is a court transcript?

7

What is A McKenzie Friend?

8

The Time Leading Up To The Day Of Your Hearing, The Process Of Arriving In Court, What To Do In The Courtroom, Remote Phone And Video Call Hearing, And The charity 'support through court'.

9

Financial Terms & Financial Court Orders Explained

1) Maintenance Pending Suit
2) Add-backs
3) Conduct Argument
4) With notice and without notice (ex-parte) application.
5) Financial Resource
6) Legal Services Order
7) Periodical Payments
8) Lump Sum Orders
9) Continuation Order
10) Property Adjustment Order
11) Clean Break Order
12) Mesher Order
13) Martin Order
14) Freezing Order
15) An Avoidance of Disposition Order
16) Substantive/Nominal Maintenance Order
17) Term Order
18) Whole Life Order
19) Interim Order
20) Costs Order
21) Anton Pillar Order
22) Calderbank Offer
23) Hadkinson Order
24) Hemain Injunction
25) Rose Order
26) Occupation Order
27) Non-Molestation Order
28) Harvey Order
29) Connell Order
30) Liability Order
31) Sears Tooth Agreement
32) Section 91 (14) Order
33) Tomlin Order
34) Wasted Costs Order
35) The Slip Rule
36) Offsetting
37) The Marital Pot
38) The Sharing Principle
39) The Needs Principle
40) Compensation
41) Trapped Capital In Terms Of Legal Aid