Making a financial agreement legally binding
Making decisions about financial arrangements following a divorce or separation can feel overwhelming. There seem to be so many different things to think about and take into account.
Reaching agreement about financial arrangements is cheaper and quicker than going through the court process . Your agreements about finances can be made legally binding by taking them to a legal advisor who will draw up a consent order . You can find more out about reaching agreement about finances in mediation, go to our mediation about finances page.
Some people reach agreement about financial arrangements on their own without professional help, it is always worth discussing your decisions with a solicitor who will be able to give you advice so you are able to make an informed choice. To find out more about legal contacts go to our Legal contacts page.
Going to court
If you cannot reach agreement you may feel application to court is the most appropriate option. Before you can apply to court you must attend a mediation information and assessment meeting (MIAMS) and obtain evidence that you have attended (Form A). You should include this with your application or take it to court .
Form A is the form you will need to complete to apply to court. If you need help with completing this form you can contact your local CAB or there is an organisation called Support through Court which helps people who are applying to court without a solicitor.
The court will take the following factors into account in reaching its decision. It is important to remember that each case is different and the court will follow guidelines. Read our article about financial provision on divorce.
Legal aid is not available for applications to court except in exceptional circumstances. You will be expected to pay your legal fees and court fees. You can find out more about the cost of applying to court and fees . If you are on a low income you can get help with the court fees .
If you are thinking about financial support for your child, it is important to remember there is an expectation that parents will both support their children financially after divorce or separation. If you go through the Child Maintenance Service (CMS) they will charge the person who is financially supporting the child and the parent receiving payment. So if you can it really is better to make arrangements between you.
