A Step-by-Step Guide for Self-Represented Parties Navigating Divorce Finances

Sorting out your finances when you separate can be a real challenge, especially if you’re representing yourself. The paperwork, the terminology, and the pressure to “get it right” can make the whole process incredibly stressful.

This guide walks you through the key steps, explains the basics of financial disclosure, and outlines your options for reaching a fair settlement. If you’re going through this stage, take it one step at a time. With the right information, you can approach your financial arrangements calmly, clearly, and confidently.

1. Start With Full and Honest Financial Disclosure

Financial disclosure is the foundation of any fair agreement. Without it, neither party, nor the court, can make informed decisions.

Form E

Form E is the detailed financial statement used in family court. It sets out:

• Your income
• All assets (property, savings, pensions)
• Your debts and liabilities
• Monthly outgoings
• Future needs (housing, income, childcare)
  
  

You and your ex-partner must both complete a Form E if you go through the court process. Even if you’re negotiating outside of court, using Form E voluntarily will help create transparency and trust.

Documents You’ll Need:

• 12 months of bank statements
• Mortgage statements
• Property valuations
• Pension CETV statements
• Payslips and P60
• Loan/credit card statements
  
  

Tip: It's a large form, and it's normal to feel daunted. Don't be tempted to procrastinate! Break it into sections and complete a little each day so it's less overwhelming.

2. What ‘Fairness’ Means in Financial Arrangements

The court does not split everything 50/50 automatically, although a 50/50 split can be a starting point, especially after a long marriage.

The court looks at the Section 25 factors, including:

• Housing needs
• Children’s needs
• Income and earning capacity
• Contributions (including non-financial, like caring for children)
• Age and health
• Standard of living during the marriage
• Available assets and resources
  
  

Examples of What ‘Fair’ Might Look Like (Not Legal Advice)

These are general illustrations, not outcomes.

Example 1: Children Live Mainly With One Parent

That parent may receive:

• A larger share of the equity to meet housing needs
• Child maintenance
• Possibly spousal maintenance (depending on income gap)
  
  

Example 2: Similar Incomes and Shared Care

A more equal split of property, savings, and pensions may be fair. Maintenance may not be needed beyond child maintenance, if applicable.

Example 3: One Partner Has a Much Larger Pension

A pension sharing order may be used so both have retirement security. Fairness is about meeting needs and enabling both sides to move forward.

3. Exploring Your Options to Reach an Agreement

You don’t have to go straight to court. There are three main routes:

Option A: Negotiating Between Yourselves

This can work well if communication is reasonable. Using Form E as a template gives structure and helps avoid misunderstandings. You can then turn your agreement into a Consent Order (see below).

Option B: Mediation

A trained mediator helps you both communicate and explore options. You can then ask a solicitor to draft a legally binding consent order. Mediation is usually quicker and cheaper than court.

Option C: The Family Court Process

If negotiation and mediation don’t work, then court can help you reach a final financial order. The process typically involves:

1️⃣ First Directions Appointment (FDA) - sorting disclosure issues

2️⃣ Financial Dispute Resolution (FDR) - a judge gives guidance to help you settle

3️⃣ Final Hearing - a judge makes a decision if you still can’t agree

Representing yourself is common, and a McKenzie Friend can support you through each hearing.

4. Consent Orders — Why They Matter

Even if you reach an agreement yourselves, it’s not legally binding until it’s turned into a Consent Order and approved by a judge. A Consent Order:

• Protects both parties
• Prevents future financial claims
• Makes pension sharing or lump-sum payments enforceable
• Gives you long-term closure and security
  
  

Without one, either of you could make a financial claim in the future, even years after the divorce.

5. Future Needs: The Most Important Factor

Courts focus heavily on what each person needs to move on, especially regarding:

• Housing
• Income
• Children’s stability
• Retirement provision
  
  

A settlement that meets needs, even if it’s not equal, is more likely to be considered fair.

6. Tips for Self-Represented Parties

Organisation is key. Here are some tips to follow:

🗂 Create a folder for each part of Form E - it makes disclosure easier

📑 Prepare a summary of your financial position for clarity

🧘‍♀️ Stay child-focused when children are involved

📆 Keep track of deadlines and court dates

✉️ Communicate calmly and in writing where possible

🤝 Be willing to compromise - rigid positions lead to long (and expensive) disputes

7. Understanding the Emotional Journey

Navigating divorce is not just about the paperwork; it's also about managing emotions. It's completely normal to feel overwhelmed. You may experience a range of feelings, from sadness to anger. Acknowledge these emotions; they are part of the healing process.

Finding Support

Consider reaching out to friends, family, or support groups. Sharing your feelings can lighten the emotional load. Remember, you are not alone in this journey.

Practicing Self-Care

Take time for yourself. Engage in activities that bring you joy and relaxation. Whether it’s a walk in nature, reading a book, or practising mindfulness, self-care is essential during this time.

8. Moving Forward with Confidence

As you work through your financial arrangements, keep your eyes on the future. This is a chance to rebuild and create a life that aligns with your values and aspirations.

If you’d like support preparing your Form E, understanding your options, or managing your case as a self-represented party, book a Discovery Call and I can help guide you through the process.

Sorting finances after separation is a significant task, but when you break it down into manageable steps, the process becomes far less overwhelming. Whether you’re negotiating directly, going through mediation, or navigating the court system as a litigant in person, understanding the basics of disclosure, fairness, and your options will help you stay calm and in control.