Your Situation

Resolving Your Finances During Divorce

Divorce and splitting finances are two distinct legal processes. Ending a marriage does not by itself divide the money, the house, the pensions or end your financial claims against each other. A separate legal step does that, and it needs a judge's approval to be binding.

This is where most divorcing couples get stuck. Because neither of you knows what a court would actually decide, you don’t know what to ask for. We solve that by enabling you to share one expert and impartial barrister, to give you the same answer at the same time.

The Divorce Surgery book and a Financial Remedies Practice guide on a wooden table

Divorce finances at a glance

Jurisdiction
We advise on the law in England & Wales
Typical timeframe
4-6 months to a sealed order
Fees
Our fixed fees are agreed before you commit, and depend on the complexity of your situation and seniority of the barrister needed to advise, not your net worth. Our average fee is £13,500.
Who hears the advice
Both of you, from one expert and impartial barrister you have both chosen. You can meet in person or online as you prefer.

Does divorce automatically split our finances?

No. A judge has to approve a financial agreement and convert it into a Financial Order before it's binding. Until that happens, you and your ex-partner both hold live financial claims against each other, even for assets held separately.

Is everything split 50/50 in a UK divorce?

Rarely. English and Welsh family law doesn't work on a fixed formula. A judge looks at your specific circumstances, income, needs, and contributions, so two couples with similar assets can end up with different outcomes.

What happens next?

01

Free call with a client relationship manager

A confidential, no-charge call with our team, not lawyers, to understand your situation and check this is the right fit.

Free
02

Introductory Session

You each spend 45 mins individually with one of our solicitors, exploring your situation and the legal process. A fixed fee quote is then shared with you both.

£200 total, deducted from your fixed fee if you proceed
03

Financial Disclosure

Your shared solicitor supports you both to complete a Form E, so everything is fully and transparently on the table. Most couples take 4-6 weeks, working at their own pace.

In your fixed fee
04

Disclosure Session

You meet your barrister together, who analyses your disclosure, ensuring the full picture emerges before the Advice Session.

In your fixed fee
05

Advice Session

Your barrister tells you both, together, what a court would consider fair. This is followed by detailed written advice.

Most couples settle after this Session.

In your fixed fee
06

Financial Order Drafting

We turn your financial agreement into a legally binding court order and handle the paperwork.

No court attendance needed.

Fixed fee, quoted separately

Frequently Asked Questions

Do we need a Financial Order if we already agree?

If you want the agreement to be legally binding and enforceable, it needs to be set out in a Financial Order and approved by the court. A judge can ask for changes if the proposed court order is not properly drafted or considered fair.

Does the Final Divorce Order end financial claims?

No. Ending the marriage and resolving the finances are separate legal steps. A Financial Order (and not a Final Divorce Order) is used to settle and regulate the financial claims between you.

Are pensions and businesses included?

Yes. Pensions, property, savings, investments, trusts, income and business interests will all be relevant. Some assets need specialist valuation or advice.

Do we have to attend court if we agree?

No. There is usually no hearing for an agreed Financial Order. The proposed order is submitted to the court so the judge can review it. The judge will either then approve it and the order will be emailed to you both or the judge can ask for clarification on certain points which we can help you with.

What happens if we cannot agree after receiving advice?

The vast majority of our clients agree. For those who want to negotiate further, we support them to move on to mediation or negotiation with separate solicitors, depending on their preference and circumstances.

Do you have access to other financial and pension professionals if we need them?

Yes. If your case would benefit from specialist input, for example a pension sharing report or business valuation, we will identify suitable independent experts and draft any necessary letters of instruction. These professionals are not affiliated with The Divorce Surgery, and we work with you both to ensure you get the information you need.

What if we don’t want to get divorced?

We advise on and draft separation agreements and post-nuptial agreements for couples who choose not to divorce as part of our advisory service.

Read all FAQs

Take one clear next step

You don't need to solve your whole divorce today. Choose the conversation or resource that best matches what you need now.